HB 1697

1	A bill to be entitled
2	An act relating to motor vehicles; amending s. 61.13016,
3	F.S.; revising provisions for suspension of the driver's
4	license of certain support obligors who are delinquent in
5	payment; providing for set-aside of the suspension upon a
6	showing of good cause; defining "good cause"; amending s.
7	261.03, F.S.; redefining the term "off-highway vehicle" to
8	include a two-rider ATV; defining the term "two-rider
9	ATV"; amending s. 316.003, F.S.; defining the term
10	"traffic signal preemption system"; amending s. 316.006,
11	F.S.; providing for interlocal agreements between
12	municipalities and counties transferring traffic
13	regulatory authority; amending s. 316.074, F.S.; requiring
14	hearing for violations of traffic control devices
15	resulting in a crash; amending s. 316.075, F.S.; requiring
16	hearing for specified violations of traffic control signal
17	devices resulting in a crash; amending s. 316.0775, F.S.;
18	providing that the unauthorized use of a traffic signal
19	preemption device is a moving violation; amending s.
20	316.122, F.S.; providing for the right-of-way for certain
21	passing vehicles; creating s. 316.1576, F.S.; prohibiting
22	driving through a railroad-highway grade crossing that
23	does not have sufficient space or clearance; providing a
24	penalty; creating s. 316.1577, F.S.; prohibiting employer
25	from allowing, requiring, permitting, or authorizing
26	certain violations pertaining to railroad-highway grade
27	crossings; providing a penalty; amending s. 316.183, F.S.;
28	increasing the minimum speed limit on interstate highways
29	under certain circumstances; amending s. 316.1932, F.S.;
30	revising the requirements for printing the notice of
31	consent for sobriety testing on a driver's license;
32	amending s. 316.1936, F.S., relating to possession of open
33	containers of alcohol; removing an exemption provided for
34	passengers of a vehicle operated by a driver holding a
35	Class D driver's license; amending s. 316.194, F.S.;
36	authorizing traffic accident investigation officers to
37	remove vehicles under certain circumstances; amending s.
38	316.1967, F.S.; providing that an owner of a leased
39	vehicle is not responsible for a parking ticket violation
40	in certain circumstances; amending s. 316.2074, F.S.;
41	redefining the term "all-terrain vehicle" to include a
42	two-rider ATV; amending s. 316.2095, F.S.; revising
43	equipment requirements for operating motorcycles;
44	providing penalties; amending s. 316.212, F.S.;
45	authorizing local governments to enact more restrictive
46	golf cart equipment and operation regulations; requiring
47	public notification; providing for enforcement
48	jurisdiction; providing penalties; amending s. 316.2126,
49	F.S.; providing for application of local golf cart
50	equipment and operation regulations to golf cart and
51	utility vehicle use by municipalities; amending s.
52	316.302, F.S.; updating a reference to the Code of Federal
53	Regulations relating to commercial motor vehicles;
54	amending s. 316.3045, F.S.; revising restrictions on the
55	operation of radios or other soundmaking devices in motor
56	vehicles; providing penalties; amending s. 316.605, F.S.;
57	clarifying that portion of a license plate which must be
58	clear and plainly visible; amending s. 316.613, F.S.;
59	eliminating authorization for the Department of Highway
60	Safety and Motor Vehicles to expend certain funds for
61	promotional purposes; creating s. 316.6131, F.S.;
62	authorizing the department to expend certain funds for
63	public information and education campaigns; amending s.
64	316.650, F.S.; providing exceptions to a prohibition
65	against using citations as evidence in a trial; amending
66	s. 317.0003, F.S.; defining the term "off-highway vehicle"
67	to include a two-rider ATV; providing a definition;
68	amending ss. 317.0004, 317.0005, and 317.0006, F.S.;
69	conforming references; amending s. 317.0007, F.S.;
70	authorizing the Department of Highway Safety and Motor
71	Vehicles to issue a validation sticker as an additional
72	proof of title for an off-highway vehicle; providing for
73	the replacement of lost or destroyed off-highway vehicle
74	validation stickers; providing for disposition of fees;
75	repealing s. 317.0008(2), F.S., relating to the expedited
76	issuance of duplicate certificates of title for off-
77	highway vehicles; amending ss. 317.0010, 317.0012, and
78	317.0013, F.S.; conforming references; creating s.
79	317.0014, F.S.; establishing procedures for the issuance
80	of a certificate of title for an off-highway vehicle;
81	providing duties of the Department of Highway Safety and
82	Motor Vehicles; providing for a notice of lien and lien
83	satisfaction; creating s. 317.0015, F.S.; providing for
84	the applicability of certain provisions of law to the
85	titling of off-highway vehicles; creating s. 317.0016,
86	F.S.; providing for the expedited issuance of titles for
87	off-highway vehicles; creating s. 317.0017, F.S.;
88	prohibiting specified actions relating to the issuance of
89	titles for off-highway vehicles; providing a penalty;
90	creating s. 317.0018, F.S.; prohibiting the transfer of an
91	off-highway vehicle without delivery of a certificate of
92	title; prescribing other violations; providing a penalty;
93	amending s. 318.1215, F.S.; clarifying that funds from the
94	Dori Slosberg Driver Education Safety Act be used for
95	driver education programs in schools; requiring that funds
96	be used for enhancement of driver education program funds;
97	providing program requirements; amending s. 318.14, F.S.;
98	authorizing the department to modify certain actions to
99	suspend or revoke a driver's license following notice of
100	final disposition; providing that certain citation
101	procedures and proceedings apply to persons who do not
102	hold a commercial driver's license; providing penalties
103	for certain traffic infractions requiring a mandatory
104	hearing; providing for distribution of moneys collected;
105	requiring audit of certain funds; amending s. 318.21,
106	F.S.; providing for distribution of specified civil
107	penalties by county courts; amending s. 319.23, F.S.;
108	requiring a licensed motor vehicle dealer to notify the
109	Department of Highway Safety and Motor Vehicles of a motor
110	vehicle or mobile home taken as a trade-in; requiring the
111	department to update its title record; amending s. 319.27,
112	F.S.; correcting an obsolete cross-reference; amending s.
113	320.02, F.S.; authorizing the department to withhold motor
114	vehicle registration or renewal of registration when
115	notified by a dealer of unpaid registration and titling
116	fees; requiring the motor vehicle dealer to maintain
117	certain signed evidence and information; providing for
118	dispute of dealer's claim of unpaid fees; amending s.
119	320.06, F.S.; providing for a credit or refund when a
120	registrant is required to replace a license plate under
121	certain circumstances; amending s. 320.0601, F.S.;
122	requiring that a registration or renewal of a long-term
123	leased motor vehicle be in the name of the lessee;
124	amending s. 320.0605, F.S.; exempting a vehicle registered
125	as a fleet vehicle from the requirement that the
126	certificate of registration be carried in the vehicle at
127	all times; amending s. 320.08058, F.S.; revising
128	distribution and authorized uses of revenues from the
129	United We Stand and Animal Friend specialty license
130	plates; amending s. 320.0843, F.S.; requiring that an
131	applicant's eligibility for a disabled parking plate be
132	noted on the certificate; amending s. 320.089, F.S.;
133	allowing retired members of the United States Armed Forces
134	Reserve to be issued U.S. Reserve license plates; amending
135	s. 320.131, F.S.; authorizing the department to provide
136	for an electronic system for motor vehicle dealers to use
137	in issuing temporary license plates; providing a penalty;
138	authorizing the department to adopt rules; amending s.
139	320.18, F.S.; authorizing the department to cancel the
140	vehicle or vessel registration, driver's license, or
141	identification card of a person who pays certain fees or
142	penalties with a dishonored check; amending s. 320.27,
143	F.S.; requiring dealer principals to provide certification
144	of completing continuing education under certain
145	circumstances; requiring motor vehicle dealers to maintain
146	records for a specified period; providing for denial,
147	suspension, or revocation of a motor vehicle dealer's
148	license for failure to maintain evidence of notification
149	to the owner or coowner of a vehicle regarding unpaid
150	registration and titling fees; providing certain
151	penalties; amending s. 320.77, F.S.; providing that mobile
152	home dealers may provide a cash bond or letter of credit
153	in lieu of a required surety bond; creating the
154	Manufactured Housing Regulatory Study Commission;
155	providing for membership; providing duties; requiring the
156	commission to file a report with the Governor and the
157	Legislature; amending s. 322.01, F.S.; redefining the
158	terms "commercial motor vehicle" and "out-of-service
159	order"; providing the definition of conviction applicable
160	to offenses committed in a commercial motor vehicle;
161	amending s. 322.05, F.S.; removing requirements for a
162	Class D driver's license; amending s. 322.051, F.S.;
163	revising provisions relating to the application for an
164	identification card; providing that the requirement for a
165	fullface photograph or digital image on an identification
166	card may not be waived under ch. 761, F.S.; amending s.
167	322.07, F.S.; removing requirements for a Class D driver's
168	license; amending s. 322.08, F.S.; providing that a United
169	States passport is an acceptable proof of identity for
170	purposes of obtaining a driver's license; providing that a
171	naturalization certificate issued by the United States
172	Department of Homeland Security is an acceptable proof of
173	identity for such purpose; providing that specified
174	documents are acceptable as proof of nonimmigrant
175	classification; removing prescribed purpose of funds
176	collected from a voluntary contribution option on driver's
177	license applications associated with hearing research;
178	amending s. 322.09, F.S.; requiring the signature of a
179	secondary guardian on a driver's license application for a
180	minor under certain circumstances; amending s. 322.11,
181	F.S.; providing for notice to a minor before canceling the
182	minor's license due to the death of the person who
183	cosigned the initial application; amending s. 322.12,
184	F.S.; removing requirements for a Class D driver's
185	license; amending s. 322.135, F.S.; revising requirements
186	for the deposit of certain fees for a driver's license;
187	revising requirements for the tax collector in directing a
188	licensee for examination or reexamination; requiring
189	county officers to pay certain funds to the State Treasury
190	by electronic funds transfer within a specified period;
191	amending s. 322.142, F.S.; providing that the requirement
192	for a fullface photograph or digital image on a driver's
193	license may not be waived under ch. 761, F.S.; amending s.
194	322.161, F.S.; removing requirements for a Class D
195	driver's license; amending s. 322.17, F.S., relating to
196	duplicate and replacement certificates; conforming a
197	cross-reference; amending s. 322.18, F.S.; revising the
198	expiration period for driver's licenses issued to
199	specified persons; conforming cross-references; amending
200	s. 322.19, F.S., relating to change of address or name;
201	conforming cross-references; amending s. 322.21, F.S.;
202	removing requirements for a Class D driver's license;
203	requiring the department to set a fee for a hazardous-
204	materials endorsement; providing maximum fee amount;
205	authorizing the department to adopt rules; amending s.
206	322.212, F.S.; providing an additional penalty for giving
207	false information when applying for a commercial driver's
208	license; amending s. 322.22, F.S.; authorizing the
209	department to cancel any identification card, vehicle or
210	vessel registration, or fuel-use decal of a licensee who
211	pays certain fees or penalties with a dishonored check;
212	amending s. 322.251, F.S.; removing requirements for a
213	Class D driver's license; amending s. 322.2615, F.S.;
214	revising provisions related to notice and review
215	procedures for administrative suspension of driver's
216	licenses; revising notice information; clarifying review
217	procedures; amending s. 322.27, F.S.; correcting a cross-
218	reference relating to points assigned for littering
219	violations; assigning point value for a conviction of
220	specified violations of a traffic control device or
221	traffic control signal device resulting in a crash;
222	amending s. 322.30, F.S.; removing the requirements for a
223	Class D driver's license; amending s. 322.53, F.S.;
224	removing requirements for a Class D driver's license;
225	removing a requirement that certain operators of a
226	commercial motor vehicle obtain a specified license;
227	amending s. 322.54, F.S.; revising the classification
228	requirements for certain driver's licenses; deleting
229	requirements for a Class D driver's license; amending s.
230	322.57, F.S.; providing testing requirements for school
231	bus drivers; removing certain license restriction
232	requirements; amending s. 322.58, F.S.; deleting
233	requirements for a Class D driver's license and changing
234	those requirements to a Class E driver's license; amending
235	and reenacting s. 322.61, F.S.; specifying additional
236	violations that disqualify a person from operating a
237	commercial motor vehicle; providing penalties; providing
238	an exception; removing requirements for a Class D driver's
239	license; amending s. 322.63, F.S.; clarifying provisions
240	governing alcohol and drug testing for commercial motor
241	vehicle operators; amending s. 322.64, F.S., and
242	reenacting s. 322.64(14), F.S., relating to citation
243	procedures and proceedings, to incorporate the amendment
244	to s. 322.61, F.S., in a reference thereto; providing for
245	a temporary permit issued following certain DUI offenses
246	to apply only to the operation of noncommercial vehicles;
247	amending s. 338.155, F.S.; exempting from payment of toll
248	any person participating in the funeral procession of a
249	law enforcement officer or firefighter killed in the line
250	of duty; creating s. 549.102, F.S.; authorizing temporary
251	overnight parking during a motorsports event at a
252	motorsports entertainment complex; exempting such parking
253	from regulations relating to recreational vehicle parks;
254	providing for application of health agency requirements;
255	amending s. 713.78, F.S.; revising provisions relating to
256	the placement of a wrecker operator's lien against a motor
257	vehicle; amending s. 768.28, F.S.; providing that certain
258	medical professionals volunteering for Florida Highway
259	Patrol service are considered employees of the state for
260	sovereign immunity purposes; amending s. 843.16, F.S.;
261	prohibiting the transportation of radio equipment that
262	receives signals on frequencies used by this state's law
263	enforcement officers or fire rescue personnel; redefining
264	the term "emergency vehicle" to include any motor vehicle
265	designated as such by the fire chief of a county or
266	municipality; revising penalties; providing effective
267	dates.
268
269	Be It Enacted by the Legislature of the State of Florida:
270
271	Section 1.  Subsection (2) of section 61.13016, Florida
272	Statutes, is amended and renumbered as subsection (3), present
273	subsection (3) is renumbered as subsection (4), and a new
274	subsection (2) is added to said section, to read:
275	61.13016  Suspension of driver's licenses and motor vehicle
276	registrations.--
277	(2)  The suspension of the driver's license of an obligor
278	pursuant to this section may be set aside for good cause if a
279	petition is filed by the obligor in the circuit court within 20
280	days after the mailing date of the notice. For purposes of this
281	subsection, "good cause" means proof to the court that the
282	failure to pay any delinquency is due to inability to pay
283	because a medical condition exists that prevents the obligor
284	from being employed or because of extended unemployment that is
285	beyond the obligor's control. The obligor must serve a copy of
286	the petition on the Title IV-D agency in IV-D cases or
287	depository or clerk of the court in non-IV-D cases. When an
288	obligor timely files a petition to set aside a suspension, the
289	court must hear the matter within 15 days after the petition is
290	filed. The court must enter an order resolving the matter within
291	10 days after the hearing, and a copy of the order must be
292	served on the parties. The timely filing of a petition under
293	this subsection stays the intent to suspend until the entry of a
294	court order resolving the matter.
295	(3)(2)  If the obligor does not, within 20 days after the
296	mailing date on the notice, pay the delinquency, enter into a
297	payment agreement, comply with the subpoena, order to appear,
298	order to show cause, or other similar order, or file a motion to
299	contest or a petition to set aside, the Title IV-D agency in IV-
300	D cases, or the depository or clerk of the court in non-IV-D
301	cases, shall file the notice with the Department of Highway
302	Safety and Motor Vehicles and request the suspension of the
303	obligor's driver's license and motor vehicle registration in
304	accordance with s. 322.058.
305	Section 2.  Subsection (6) of section 261.03, Florida
306	Statutes, is amended and subsection (11) is added to that
307	section, to read:
308	261.03  Definitions.--As used in this chapter, the term:
309	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
310	OHM that is used off the roads or highways of this state for
311	recreational purposes and that is not registered and licensed
312	for highway use under chapter 320.
313	(11)  "Two-rider ATV" means any ATV that is specifically
314	designed by the manufacturer for a single operator and one
315	passenger.
316	Section 3.  Subsection (84) is added to section 316.003,
317	Florida Statutes, to read:
318	316.003  Definitions.--The following words and phrases,
319	when used in this chapter, shall have the meanings respectively
320	ascribed to them in this section, except where the context
321	otherwise requires:
322	(84)  TRAFFIC SIGNAL PREEMPTION SYSTEM.--Any system or
323	device with the capability of activating a control mechanism
324	mounted on or near traffic signals which alters a traffic
325	signal's timing cycle.
326	Section 4.  Paragraph (c) is added to subsection (2) of
327	section 316.006, Florida Statutes, to read:
328	316.006  Jurisdiction.--Jurisdiction to control traffic is
329	vested as follows:
330	(2)  MUNICIPALITIES.--
331	(c)  Notwithstanding any other provisions of law to the
332	contrary, a municipality may, by interlocal agreement with a
333	county, agree to transfer traffic regulatory authority over
334	areas within the municipality to the county.
335
336	This subsection shall not limit those counties which have the
337	charter powers to provide and regulate arterial, toll, and other
338	roads, bridges, tunnels, and related facilities from the proper
339	exercise of those powers by the placement and maintenance of
340	traffic control devices which conform to the manual and
341	specifications of the Department of Transportation on streets
342	and highways located within municipal boundaries.
343	Section 5.  Effective October 1, 2005, subsection (6) of
344	section 316.074, Florida Statutes, is amended to read:
345	316.074  Obedience to and required traffic control
346	devices.--
347	(1)  The driver of any vehicle shall obey the instructions
348	of any official traffic control device applicable thereto,
349	placed in accordance with the provisions of this chapter, unless
350	otherwise directed by a police officer, subject to the
351	exceptions granted the driver of an authorized emergency vehicle
352	in this chapter.
353	(6)(a)  A violation of this section is a noncriminal
354	traffic infraction, punishable as a moving violation as provided
355	in chapter 318.
356	(b)  A person committing a violation of subsection (1)
357	resulting in a crash that causes serious bodily injury of
358	another as defined in s. 316.1933(1) is subject to a mandatory
359	hearing under the provisions of s. 318.19.
360	Section 6.  Effective October 1, 2005, subsection (4) of
361	section 316.075, Florida Statutes, is amended to read:
362	316.075  Traffic control signal devices.--
363	(1)  Except for automatic warning signal lights installed
364	or to be installed at railroad crossings, whenever traffic,
365	including municipal traffic, is controlled by traffic control
366	signals exhibiting different colored lights, or colored lighted
367	arrows, successively one at a time or in combination, only the
368	colors green, red, and yellow shall be used, except for special
369	pedestrian signals carrying a word legend, and the lights shall
370	indicate and apply to drivers of vehicles and pedestrians as
371	follows:
372	(c)  Steady red indication.--
373	1.  Vehicular traffic facing a steady red signal shall stop
374	before entering the crosswalk on the near side of the
375	intersection or, if none, then before entering the intersection
376	and shall remain standing until a green indication is shown;
377	however:
378	a.  The driver of a vehicle which is stopped at a clearly
379	marked stop line, but if none, before entering the crosswalk on
380	the near side of the intersection, or, if none then at the point
381	nearest the intersecting roadway where the driver has a view of
382	approaching traffic on the intersecting roadway before entering
383	the intersection in obedience to a steady red signal may make a
384	right turn, but shall yield the right-of-way to pedestrians and
385	other traffic proceeding as directed by the signal at the
386	intersection, except that municipal and county authorities may
387	prohibit any such right turn against a steady red signal at any
388	intersection, which prohibition shall be effective when a sign
389	giving notice thereof is erected in a location visible to
390	traffic approaching the intersection.
391	b.  The driver of a vehicle on a one-way street that
392	intersects another one-way street on which traffic moves to the
393	left shall stop in obedience to a steady red signal, but may
394	then make a left turn into the one-way street, but shall yield
395	the right-of-way to pedestrians and other traffic proceeding as
396	directed by the signal at the intersection, except that
397	municipal and county authorities may prohibit any such left turn
398	as described, which prohibition shall be effective when a sign
399	giving notice thereof is attached to the traffic control signal
400	device at the intersection.
401	2.  Unless otherwise directed by a pedestrian control
402	signal as provided in s. 316.0755, pedestrians facing a steady
403	red signal shall not enter the roadway.
404	(4)(a)  A violation of this section is a noncriminal
405	traffic infraction, punishable pursuant to chapter 318 as either
406	a pedestrian violation or, if the infraction resulted from the
407	operation of a vehicle, as a moving violation.
408	(b)  A person committing a violation of subparagraph
409	(1)(c)1. resulting in a crash that causes serious bodily injury
410	of another as defined in s. 316.1933(1) is subject to a
411	mandatory hearing under the provisions of s. 318.19.
412	Section 7.  Section 316.0775, Florida Statutes, is amended
413	to read:
414	316.0775  Interference with official traffic control
415	devices or railroad signs or signals.--
416	(1)  A No person may not shall, without lawful authority,
417	attempt to or in fact alter, deface, injure, knock down, or
418	remove any official traffic control device or any railroad sign
419	or signal or any inscription, shield, or insignia thereon, or
420	any other part thereof. A violation of this subsection section
421	is a criminal violation pursuant to s. 318.17 and shall be
422	punishable as set forth in s. 806.13 related to criminal
423	mischief and graffiti, beginning on or after July 1, 2000.
424	(2)  A person may not, without lawful authority, possess or
425	use any traffic signal preemption device as defined under s.
426	316.003. A person who violates this subsection commits a moving
427	violation, punishable as provided in chapter 318 and shall have
428	4 points assessed against his or her driver's license as set
429	forth in s. 322.27.
430	Section 8.  Section 316.122, Florida Statutes, is amended
431	to read:
432	316.122  Vehicle turning left.--The driver of a vehicle
433	intending to turn to the left within an intersection or into an
434	alley, private road, or driveway shall yield the right-of-way to
435	any vehicle approaching from the opposite direction, or vehicles
436	lawfully passing on the left of the turning vehicle, which is
437	within the intersection or so close thereto as to constitute an
438	immediate hazard. A violation of this section is a noncriminal
439	traffic infraction, punishable as a moving violation as provided
440	in chapter 318.
441	Section 9.  Section 316.1576, Florida Statutes, is created
442	to read:
443	316.1576  Insufficient clearance at a railroad-highway
444	grade crossing.--
445	(1)  A person may not drive any vehicle through a railroad-
446	highway grade crossing that does not have sufficient space to
447	drive completely through the crossing without stopping.
448	(2)  A person may not drive any vehicle through a railroad-
449	highway grade crossing that does not have sufficient
450	undercarriage clearance to drive completely through the crossing
451	without stopping.
452	(3)  A violation of this section is a noncriminal traffic
453	infraction, punishable as a moving violation as provided in
454	chapter 318.
455	Section 10.  Section 316.1577, Florida Statutes, is created
456	to read:
457	316.1577  Employer responsibility for violations pertaining
458	to railroad-highway grade crossings.--
459	(1)  An employer may not knowingly allow, require, permit,
460	or authorize a driver to operate a commercial motor vehicle in
461	violation of a federal, state, or local law or rule pertaining
462	to railroad-highway grade crossings.
463	(2)  A person who violates subsection (1) is subject to a
464	civil penalty of not more than $10,000.
465	Section 11.  Subsection (2) of section 316.183, Florida
466	Statutes, is amended to read:
467	316.183  Unlawful speed.--
468	(2)  On all streets or highways, the maximum speed limits
469	for all vehicles must be 30 miles per hour in business or
470	residence districts, and 55 miles per hour at any time at all
471	other locations. However, with respect to a residence district,
472	a county or municipality may set a maximum speed limit of 20 or
473	25 miles per hour on local streets and highways after an
474	investigation determines that such a limit is reasonable. It is
475	not necessary to conduct a separate investigation for each
476	residence district. The minimum speed limit on all highways that
477	comprise a part of the National System of Interstate and Defense
478	Highways and have not fewer than four lanes is 40 miles per
479	hour, except that when the posted speed limit is 70 miles per
480	hour, the minimum speed limit is 50 miles per hour.
481	Section 12.  Paragraph (e) of subsection (1) of section
482	316.1932, Florida Statutes, is amended to read:
483	316.1932  Tests for alcohol, chemical substances, or
484	controlled substances; implied consent; refusal.--
485	(1)
486	(e)1.  By applying for a driver's license and by accepting
487	and using a driver's license, the person holding the driver's
488	license is deemed to have expressed his or her consent to the
489	provisions of this section.
490	2.  A nonresident or any other person driving in a status
491	exempt from the requirements of the driver's license law, by his
492	or her act of driving in such exempt status, is deemed to have
493	expressed his or her consent to the provisions of this section.
494	3.  A warning of the consent provision of this section
495	shall be printed above the signature line on each new or renewed
496	driver's license.
497	Section 13.  Subsection (5) of section 316.1936, Florida
498	Statutes, is amended to read:
499	316.1936  Possession of open containers of alcoholic
500	beverages in vehicles prohibited; penalties.--
501	(5)  This section shall not apply to:
502	(a)  A passenger of a vehicle in which the driver is
503	operating the vehicle pursuant to a contract to provide
504	transportation for passengers and such driver holds a valid
505	commercial driver's license with a passenger endorsement or a
506	Class D driver's license issued in accordance with the
507	requirements of chapter 322;
508	(b)  A passenger of a bus in which the driver holds a valid
509	commercial driver's license with a passenger endorsement or a
510	Class D driver's license issued in accordance with the
511	requirements of chapter 322; or
512	(c)  A passenger of a self-contained motor home which is in
513	excess of 21 feet in length.
514	Section 14.  Paragraphs (a) and (b) of subsection (3) of
515	section 316.194, Florida Statutes, are amended to read:
516	316.194  Stopping, standing or parking outside of
517	municipalities.--
518	(3)(a)  Whenever any police officer or traffic accident
519	investigation officer finds a vehicle standing upon a highway in
520	violation of any of the foregoing provisions of this section,
521	the officer is authorized to move the vehicle, or require the
522	driver or other persons in charge of the vehicle to move the
523	vehicle same, to a position off the paved or main-traveled part
524	of the highway.
525	(b)  Officers and traffic accident investigation officers
526	may are hereby authorized to provide for the removal of any
527	abandoned vehicle to the nearest garage or other place of
528	safety, cost of such removal to be a lien against motor vehicle,
529	when an said abandoned vehicle is found unattended upon a bridge
530	or causeway or in any tunnel, or on any public highway in the
531	following instances:
532	1.  Where such vehicle constitutes an obstruction of
533	traffic;
534	2.  Where such vehicle has been parked or stored on the
535	public right-of-way for a period exceeding 48 hours, in other
536	than designated parking areas, and is within 30 feet of the
537	pavement edge; and
538	3.  Where an operative vehicle has been parked or stored on
539	the public right-of-way for a period exceeding 10 days, in other
540	than designated parking areas, and is more than 30 feet from the
541	pavement edge. However, the agency removing such vehicle shall
542	be required to report same to the Department of Highway Safety
543	and Motor Vehicles within 24 hours of such removal.
544	Section 15.  Section 316.1967, Florida Statutes, is amended
545	to read:
546	316.1967  Liability for payment of parking ticket
547	violations and other parking violations.--
548	(1)  The owner of a vehicle is responsible and liable for
549	payment of any parking ticket violation unless the owner can
550	furnish evidence, when required by this subsection, that the
551	vehicle was, at the time of the parking violation, in the care,
552	custody, or control of another person. In such instances, the
553	owner of the vehicle is required, within a reasonable time after
554	notification of the parking violation, to furnish to the
555	appropriate law enforcement authorities an affidavit setting
556	forth the name, address, and driver's license number of the
557	person who leased, rented, or otherwise had the care, custody,
558	or control of the vehicle. The affidavit submitted under this
559	subsection is admissible in a proceeding charging a parking
560	ticket violation and raises the rebuttable presumption that the
561	person identified in the affidavit is responsible for payment of
562	the parking ticket violation. The owner of a vehicle is not
563	responsible for a parking ticket violation if the vehicle
564	involved was, at the time, stolen or in the care, custody, or
565	control of some person who did not have permission of the owner
566	to use the vehicle. The owner of a leased vehicle is not
567	responsible for a parking ticket violation and is not required
568	to submit an affidavit or the other evidence specified in this
569	section, if the vehicle is registered in the name of the person
570	who leased the vehicle.
571	(2)  Any person who is issued a county or municipal parking
572	ticket by a parking enforcement specialist or officer is deemed
573	to be charged with a noncriminal violation and shall comply with
574	the directions on the ticket. If payment is not received or a
575	response to the ticket is not made within the time period
576	specified thereon, the county court or its traffic violations
577	bureau shall notify the registered owner of the vehicle that was
578	cited, or the registered lessee when the cited vehicle is
579	registered in the name of the person who leased the vehicle, by
580	mail to the address given on the motor vehicle registration, of
581	the ticket. Mailing the notice to this address constitutes
582	notification. Upon notification, the registered owner or
583	registered lessee shall comply with the court's directive.
584	(3)  Any person who fails to satisfy the court's directive
585	waives his or her right to pay the applicable civil penalty.
586	(4)  Any person who elects to appear before a designated
587	official to present evidence waives his or her right to pay the
588	civil penalty provisions of the ticket. The official, after a
589	hearing, shall make a determination as to whether a parking
590	violation has been committed and may impose a civil penalty not
591	to exceed $100 or the fine amount designated by county
592	ordinance, plus court costs. Any person who fails to pay the
593	civil penalty within the time allowed by the court is deemed to
594	have been convicted of a parking ticket violation, and the court
595	shall take appropriate measures to enforce collection of the
596	fine.
597	(5)  Any provision of subsections (2), (3), and (4) to the
598	contrary notwithstanding, chapter 318 does not apply to
599	violations of county parking ordinances and municipal parking
600	ordinances.
601	(6)  Any county or municipality may provide by ordinance
602	that the clerk of the court or the traffic violations bureau
603	shall supply the department with a magnetically encoded computer
604	tape reel or cartridge or send by other electronic means data
605	which is machine readable by the installed computer system at
606	the department, listing persons who have three or more
607	outstanding parking violations, including violations of s.
608	316.1955. Each county shall provide by ordinance that the clerk
609	of the court or the traffic violations bureau shall supply the
610	department with a magnetically encoded computer tape reel or
611	cartridge or send by other electronic means data that is machine
612	readable by the installed computer system at the department,
613	listing persons who have any outstanding violations of s.
614	316.1955 or any similar local ordinance that regulates parking
615	in spaces designated for use by persons who have disabilities.
616	The department shall mark the appropriate registration records
617	of persons who are so reported. Section 320.03(8) applies to
618	each person whose name appears on the list.
619	Section 16.  Subsection (2) of section 316.2074, Florida
620	Statutes, is amended to read:
621	316.2074  All-terrain vehicles.--
622	(2)  As used in this section, the term "all-terrain
623	vehicle" means any motorized off-highway vehicle 50 inches or
624	less in width, having a dry weight of 900 pounds or less,
625	designed to travel on three or more low-pressure tires, having a
626	seat designed to be straddled by the operator and handlebars for
627	steering control, and intended for use by a single operator with
628	no passenger. For the purposes of this section, "all-terrain
629	vehicle" also includes any "two-rider ATV" as defined in s.
630	317.0003.
631	Section 17.  Section 316.2095, Florida Statutes, is amended
632	to read:
633	316.2095  Footrests, handholds, and handlebars.--
634	(1)  Any motorcycle carrying a passenger, other than in a
635	sidecar or enclosed cab, shall be equipped with footrests and
636	handholds for such passenger.
637	(2)  No person shall operate any motorcycle with handlebars
638	with handgrips which are higher than the top of the shoulders of
639	the person operating the motorcycle while properly seated upon
640	the motorcycle more than 15 inches in height above that portion
641	of the seat occupied by the operator.
642	(3)  A violation of this section is a noncriminal traffic
643	infraction, punishable as a nonmoving violation as provided in
644	chapter 318.
645	Section 18.  Subsection (1) and paragraph (a) of subsection
646	(2) of section 316.212, Florida Statutes, are amended,
647	subsection (7) is renumbered as subsection (8) and amended, and
648	a new subsection (7) is added to that section, to read:
649	316.212  Operation of golf carts on certain roadways.--The
650	operation of a golf cart upon the public roads or streets of
651	this state is prohibited except as provided herein:
652	(1)  A golf cart may be operated only upon a county road
653	that has been designated by a county, or a municipal city street
654	that has been designated by a municipality city, for use by golf
655	carts. Prior to making such a designation, the responsible local
656	governmental entity must first determine that golf carts may
657	safely travel on or cross the public road or street, considering
658	factors including the speed, volume, and character of motor
659	vehicle traffic using the road or street. Upon a determination
660	that golf carts may be safely operated on a designated road or
661	street, the responsible governmental entity shall post
662	appropriate signs to indicate that such operation is allowed.
663	(2)  A golf cart may be operated on a part of the State
664	Highway System only under the following conditions:
665	(a)  To cross a portion of the State Highway System which
666	intersects a county road or municipal city street that has been
667	designated for use by golf carts if the Department of
668	Transportation has reviewed and approved the location and design
669	of the crossing and any traffic control devices needed for
670	safety purposes.
671
672	Upon its determination that golf carts may be operated on a
673	given road, the department shall post appropriate signs on the
674	road to indicate that such operation is allowed.
675	(7)  Regulations regarding golf cart operation and
676	equipment that are more restrictive than those enumerated in
677	this section may be enacted by the responsible local
678	governmental entity. Upon enactment of any such regulation, the
679	responsible local governmental entity shall post appropriate
680	signs or otherwise inform the citizens that such regulations
681	exist and shall be enforced within its jurisdictional territory.
682	(8)(7)  A violation of this section or local regulations
683	corresponding to this section enacted pursuant to subsection (7)
684	is a noncriminal traffic infraction, punishable pursuant to
685	chapter 318 as either a moving violation for infractions of
686	subsection (1), subsection (2), subsection (3), or subsection
687	(4) or local regulations corresponding to subsection (1),
688	subsection (2), subsection (3), or subsection (4), or as a
689	nonmoving violation for infractions of subsection subsections
690	(5) or subsection and (6) or local regulations corresponding to
691	subsection (5) or subsection (6).
692	Section 19.  Subsections (1) and (2) of section 316.2126,
693	Florida Statutes, are amended to read:
694	316.2126  Use of golf carts and utility vehicles by
695	municipalities.--In addition to the powers granted by ss.
696	316.212 and 316.2125, municipalities are hereby authorized to
697	utilize golf carts and utility vehicles, as defined in s.
698	320.01, upon any state, county, or municipal roads located
699	within the corporate limits of such municipalities, subject to
700	the following conditions:
701	(1)  Golf carts and utility vehicles must comply with the
702	operational and safety requirements in ss. 316.212 and 316.2125
703	and any more restrictive regulations enacted by the local
704	governmental entity and shall only be operated by municipal
705	employees for municipal purposes, including, but not limited to,
706	police patrol, traffic enforcement, and inspection of public
707	facilities.
708	(2)  In addition to the safety equipment required in s.
709	316.212(5) and any more restrictive safety equipment required by
710	the local governmental entity, such golf carts and utility
711	vehicles must be equipped with sufficient lighting and turn
712	signal equipment.
713	Section 20.  Paragraph (b) of subsection (1) of section
714	316.302, Florida Statutes, is amended to read:
715	316.302  Commercial motor vehicles; safety regulations;
716	transporters and shippers of hazardous materials; enforcement.--
717	(1)
718	(b)  Except as otherwise provided in this section, all
719	owners or drivers of commercial motor vehicles that are engaged
720	in intrastate commerce are subject to the rules and regulations
721	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
722	exception of 49 C.F.R. s. 390.5 as it relates to the definition
723	of bus, as such rules and regulations existed on October 1, 2004
724	2002.
725	Section 21.  Paragraph (a) of subsection (1) of section
726	316.3045, Florida Statutes, is amended to read:
727	316.3045  Operation of radios or other mechanical
728	soundmaking devices or instruments in vehicles; exemptions.--
729	(1)  It is unlawful for any person operating or occupying a
730	motor vehicle on a street or highway to operate or amplify the
731	sound produced by a radio, tape player, or other mechanical
732	soundmaking device or instrument from within the motor vehicle
733	so that the sound is:
734	(a)  Plainly audible at a distance of 25 100 feet or more
735	from the motor vehicle; or
736	(5)  A violation of this section is a noncriminal traffic
737	infraction, punishable as a nonmoving violation as provided in
738	chapter 318.
739	Section 22.  Subsection (1) of section 316.605, Florida
740	Statutes, is amended to read:
741	316.605  Licensing of vehicles.--
742	(1)  Every vehicle, at all times while driven, stopped, or
743	parked upon any highways, roads, or streets of this state, shall
744	be licensed in the name of the owner thereof in accordance with
745	the laws of this state unless such vehicle is not required by
746	the laws of this state to be licensed in this state and shall,
747	except as otherwise provided in s. 320.0706 for front-end
748	registration license plates on truck tractors, display the
749	license plate or both of the license plates assigned to it by
750	the state, one on the rear and, if two, the other on the front
751	of the vehicle, each to be securely fastened to the vehicle
752	outside the main body of the vehicle in such manner as to
753	prevent the plates from swinging, and with all letters,
754	numerals, printing, writing, and other identification marks upon
755	the plates regarding the word "Florida," the registration decal,
756	and the alphanumeric designation shall be clear and distinct and
757	free from defacement, mutilation, grease, and other obscuring
758	matter, so that they will be plainly visible and legible at all
759	times 100 feet from the rear or front. Nothing shall be placed
760	upon the face of a Florida plate except as permitted by law or
761	by rule or regulation of a governmental agency. No license
762	plates other than those furnished by the state shall be used.
763	However, if the vehicle is not required to be licensed in this
764	state, the license plates on such vehicle issued by another
765	state, by a territory, possession, or district of the United
766	States, or by a foreign country, substantially complying with
767	the provisions hereof, shall be considered as complying with
768	this chapter. A violation of this subsection is a noncriminal
769	traffic infraction, punishable as a nonmoving violation as
770	provided in chapter 318.
771	Section 23.  Subsection (4) of section 316.613, Florida
772	Statutes, is amended to read:
773	316.613  Child restraint requirements.--
774	(4)(a)  It is the legislative intent that all state,
775	county, and local law enforcement agencies, and safety councils,
776	in recognition of the problems with child death and injury from
777	unrestrained occupancy in motor vehicles, conduct a continuing
778	safety and public awareness campaign as to the magnitude of the
779	problem.
780	(b)  The department may authorize the expenditure of funds
781	for the purchase of promotional items as part of the public
782	information and education campaigns provided for in this
783	subsection and ss. 316.614, 322.025, and 403.7145.
784	Section 24.  Section 316.6131, Florida Statutes, is created
785	to read:
786	316.6131  Educational expenditures.--The department may
787	authorize the expenditure of funds for the purchase of
788	educational items as part of the public information and
789	education campaigns promoting highway safety and awareness, as
790	well as departmental community-based initiatives. Funds may be
791	expended for, but are not limited to, educational campaigns
792	provided in this chapter, chapters 320 and 322, and s. 403.7145.
793	Section 25.  Subsection (9) of section 316.650, Florida
794	Statutes, is amended to read:
795	316.650  Traffic citations.--
796	(9)  Such citations shall not be admissible evidence in any
797	trial, except when used as evidence of falsification, forgery,
798	uttering, fraud, or perjury, or when used as physical evidence
799	resulting from a forensic examination of the citation.
800	Section 26.  Section 317.0003, Florida Statutes, is
801	amended, to read:
802	317.0003  Definitions.--As used in this chapter ss.
803	317.0001-317.0013, the term:
804	(1)  "ATV" means any motorized off-highway or all-terrain
805	vehicle 50 inches or less in width, having a dry weight of 900
806	pounds or less, designed to travel on three or more low-pressure
807	tires, having a seat designed to be straddled by the operator
808	and handlebars for steering control, and intended for use by a
809	single operator and with no passenger.
810	(2)  "Dealer" means any person authorized by the Department
811	of Revenue to buy, sell, resell, or otherwise distribute off-
812	highway vehicles. Such person must have a valid sales tax
813	certificate of registration issued by the Department of Revenue
814	and a valid commercial or occupational license required by any
815	county, municipality, or political subdivision of the state in
816	which the person operates.
817	(3)  "Department" means the Department of Highway Safety
818	and Motor Vehicles.
819	(4)  "Florida resident" means a person who has had a
820	principal place of domicile in this state for a period of more
821	than 6 consecutive months, who has registered to vote in this
822	state, who has made a statement of domicile pursuant to s.
823	222.17, or who has filed for homestead tax exemption on property
824	in this state.
825	(5)  "OHM" or "off-highway motorcycle" means any motor
826	vehicle used off the roads or highways of this state that has a
827	seat or saddle for the use of the rider and is designed to
828	travel with not more than two wheels in contact with the ground,
829	but excludes a tractor or a moped.
830	(6)  "Off-highway vehicle" means any ATV, two-rider ATV, or
831	OHM that is used off the roads or highways of this state for
832	recreational purposes and that is not registered and licensed
833	for highway use pursuant to chapter 320.
834	(7)  "Owner" means a person, other than a lienholder,
835	having the property in or title to an off-highway vehicle,
836	including a person entitled to the use or possession of an off-
837	highway vehicle subject to an interest held by another person,
838	reserved or created by agreement and securing payment of
839	performance of an obligation, but the term excludes a lessee
840	under a lease not intended as security.
841	(8)  "Public lands" means lands within the state that are
842	available for public use and that are owned, operated, or
843	managed by a federal, state, county, or municipal governmental
844	entity.
845	(9)  "Two-rider ATV" means any ATV that is specifically
846	designed by the manufacturer for a single operator and one
847	passenger.
848	Section 27.  Subsection (1) of section 317.0004, Florida
849	Statutes, is amended to read:
850	317.0004  Administration of off-highway vehicle titling
851	laws; records.--
852	(1)  The administration of off-highway vehicle titling laws
853	in this chapter ss. 317.0001-317.0013 is under the Department of
854	Highway Safety and Motor Vehicles, which shall provide for the
855	issuing, handling, and recording of all off-highway vehicle
856	titling applications and certificates, including the receipt and
857	accounting of off-highway vehicle titling fees. The provisions
858	of chapter 319 are applicable to this chapter, unless otherwise
859	explicitly stated.
860	Section 28.  Section 317.0005, Florida Statutes, is amended
861	to read:
862	317.0005  Rules, forms, and notices.--
863	(1)  The department may adopt rules pursuant to ss.
864	120.536(1) and 120.54, which pertain to off-highway vehicle
865	titling, in order to implement the provisions of this chapter
866	ss. 317.0001-317.0013 conferring duties upon it.
867	(2)  The department shall prescribe and provide suitable
868	forms for applications and other notices and forms necessary to
869	administer the provisions of this chapter ss. 317.0001-317.0013.
870	Section 29.  Subsection (1) of section 317.0006, Florida
871	Statutes, is amended to read:
872	317.0006  Certificate of title required.--
873	(1)  Any off-highway vehicle that is purchased by a
874	resident of this state after the effective date of this act or
875	that is owned by a resident and is operated on the public lands
876	of this state must be titled pursuant to this chapter ss.
877	317.0001-317.0013.
878	Section 30.  Subsection (6) is added to section 317.0007,
879	Florida Statutes, to read:
880	317.0007  Application for and issuance of certificate of
881	title.--
882	(6)  In addition to a certificate of title, the department
883	may issue a validation sticker to be placed on the off-highway
884	vehicle as proof of the issuance of title required pursuant to
885	s. 317.0006(1). A validation sticker that is lost or destroyed
886	may, upon application, be replaced by the department or county
887	tax collector. The department and county tax collector may
888	charge and deposit the fees established in ss. 320.03(5),
889	320.031, and 320.04 for all original and replacement decals.
890	Section 31.  Subsection (2) of section 317.0008, Florida
891	Statutes, is repealed.
892	Section 32.  Section 317.0010, Florida Statutes, is amended
893	to read:
894	317.0010  Disposition of fees.--The department shall
895	deposit all funds received under this chapter ss.
896	317.0001-317.0013, less administrative costs of $2 per title
897	transaction, into the Incidental Trust Fund of the Division of
898	Forestry of the Department of Agriculture and Consumer Services.
899	Section 33.  Subsection (3) of section 317.0012, Florida
900	Statutes, is amended to read:
901	317.0012  Crimes relating to certificates of title;
902	penalties.--
903	(3)  It is unlawful to:
904	(a)  Alter or forge any certificate of title to an off-
905	highway vehicle or any assignment thereof or any cancellation of
906	any lien on an off-highway vehicle.
907	(b)  Retain or use such certificate, assignment, or
908	cancellation knowing that it has been altered or forged.
909	(c)  Use a false or fictitious name, give a false or
910	fictitious address, or make any false statement in any
911	application or affidavit required by this chapter ss. 317.0001-
912	317.0013 or in a bill of sale or sworn statement of ownership or
913	otherwise commit a fraud in any application.
914	(d)  Knowingly obtain goods, services, credit, or money by
915	means of an invalid, duplicate, fictitious, forged, counterfeit,
916	stolen, or unlawfully obtained certificate of title, bill of
917	sale, or other indicia of ownership of an off-highway vehicle.
918	(e)  Knowingly obtain goods, services, credit, or money by
919	means of a certificate of title to an off-highway vehicle which
920	certificate is required by law to be surrendered to the
921	department.
922
923	Any person who violates this subsection commits a felony of the
924	third degree, punishable as provided in s. 775.082, s. 775.083,
925	or s. 775.084. A violation of this subsection with respect to
926	any off-highway vehicle makes such off-highway vehicle
927	contraband which may be seized by a law enforcement agency and
928	forfeited under ss. 932.701-932.704.
929	Section 34.  Section 317.0013, Florida Statutes, is amended
930	to read:
931	317.0013  Nonmoving traffic violations.--Any person who
932	fails to comply with any provision of this chapter ss.
933	317.0001-317.0012 for which a penalty is not otherwise provided
934	commits a nonmoving traffic violation, punishable as provided in
935	s. 318.18.
936	Section 35.  Section 317.0014, Florida Statutes, is created
937	to read:
938	317.0014  Certificate of title; issuance in duplicate;
939	delivery; liens and encumbrances.--
940	(1)  The department shall assign a number to each
941	certificate of title and shall issue each certificate of title
942	and each corrected certificate in duplicate. The database record
943	shall serve as the duplicate title certificate required in this
944	section. One printed copy may be retained on file by the
945	department.
946	(2)  A duly authorized person shall sign the original
947	certificate of title and each corrected certificate and, if
948	there are no liens or encumbrances on the off-highway vehicle,
949	as shown in the records of the department or as shown in the
950	application, shall deliver the certificate to the applicant or
951	to another person as directed by the applicant or person, agent,
952	or attorney submitting the application. If there are one or more
953	liens or encumbrances on the off-highway vehicle, the
954	certificate shall be delivered by the department to the first
955	lienholder as shown by department records or to the owner as
956	indicated in the notice of lien filed by the first lienholder.
957	If the notice of lien filed by the first lienholder indicates
958	that the certificate should be delivered to the first
959	lienholder, the department shall deliver to the first
960	lienholder, along with the certificate, a form to be
961	subsequently used by the lienholder as a satisfaction. If the
962	notice of lien filed by the first lienholder directs the
963	certificate of title to be delivered to the owner, then, upon
964	delivery of the certificate of title by the department to the
965	owner, the department shall deliver to the first lienholder
966	confirmation of the receipt of the notice of lien and the date
967	the certificate of title was issued to the owner at the owner's
968	address shown on the notice of lien and a form to be
969	subsequently used by the lienholder as a satisfaction. If the
970	application for certificate shows the name of a first lienholder
971	different from the name of the first lienholder as shown by the
972	records of the department, the certificate may not be issued to
973	any person until after all parties who appear to hold a lien and
974	the applicant for the certificate have been notified of the
975	conflict in writing by the department by certified mail. If the
976	parties do not amicably resolve the conflict within 10 days
977	after the date the notice was mailed, the department shall serve
978	notice in writing by certified mail on all persons appearing to
979	hold liens on that particular vehicle, including the applicant
980	for the certificate, to show cause within 15 days following the
981	date the notice is mailed as to why it should not issue and
982	deliver the certificate to the person indicated in the notice of
983	lien filed by the lienholder whose name appears in the
984	application as the first lienholder without showing any lien or
985	liens as outstanding other than those appearing in the
986	application or those that have been filed subsequent to the
987	filing of the application for the certificate. If, within the
988	15-day period, any person other than the lienholder shown in the
989	application or a party filing a subsequent lien, in answer to
990	the notice to show cause, appears in person or by a
991	representative, or responds in writing, and files a written
992	statement under oath that his or her lien on that particular
993	vehicle is still outstanding, the department may not issue the
994	certificate to anyone until after the conflict has been settled
995	by the lien claimants involved or by a court of competent
996	jurisdiction. If the conflict is not settled amicably within 10
997	days after the final date for filing an answer to the notice to
998	show cause, the complaining party shall have 10 days in which to
999	obtain a ruling, or a stay order, from a court of competent
1000	jurisdiction. If a ruling or stay order is not issued and served
1001	on the department within the 10-day period, it shall issue the
1002	certificate showing no liens except those shown in the
1003	application or thereafter filed to the original applicant if
1004	there are no liens shown in the application and none are
1005	thereafter filed, or to the person indicated in the notice of
1006	lien filed by the lienholder whose name appears in the
1007	application as the first lienholder if there are liens shown in
1008	the application or thereafter filed. A duplicate certificate or
1009	corrected certificate shall show only the lien or liens as shown
1010	in the application and any subsequently filed liens that may be
1011	outstanding.
1012	(3)  Except as provided in subsection (4), the certificate
1013	of title shall be retained by the first lienholder or the owner
1014	as indicated in the notice of lien filed by the first
1015	lienholder. If the first lienholder is in possession of the
1016	certificate, the first lienholder is entitled to retain the
1017	certificate until the first lien is satisfied.
1018	(4)  If the owner of the vehicle, as shown on the title
1019	certificate, desires to place a second or subsequent lien or
1020	encumbrance against the vehicle when the title certificate is in
1021	the possession of the first lienholder, the owner shall send a
1022	written request to the first lienholder by certified mail, and
1023	the first lienholder shall forward the certificate to the
1024	department for endorsement. If the title certificate is in the
1025	possession of the owner, the owner shall forward the certificate
1026	to the department for endorsement. The department shall return
1027	the certificate to either the first lienholder or to the owner,
1028	as indicated in the notice of lien filed by the first
1029	lienholder, after endorsing the second or subsequent lien on the
1030	certificate and on the duplicate. If the first lienholder or
1031	owner fails, neglects, or refuses to forward the certificate of
1032	title to the department within 10 days after the date of the
1033	owner's request, the department, on the written request of the
1034	subsequent lienholder or an assignee of the lien, shall demand
1035	of the first lienholder the return of the certificate for the
1036	notation of the second or subsequent lien or encumbrance.
1037	(5)(a)  Upon satisfaction of any first lien or encumbrance
1038	recorded by the department, the owner of the vehicle, as shown
1039	on the title certificate, or the person satisfying the lien is
1040	entitled to demand and receive from the lienholder a
1041	satisfaction of the lien. If the lienholder, upon satisfaction
1042	of the lien and upon demand, fails or refuses to furnish a
1043	satisfaction of the lien within 30 days after demand, he or she
1044	is liable for all costs, damages, and expenses, including
1045	reasonable attorney's fees, lawfully incurred by the titled
1046	owner or person satisfying the lien in any suit brought in this
1047	state for cancellation of the lien. The lienholder receiving
1048	final payment as defined in s. 674.215 shall mail or otherwise
1049	deliver a lien satisfaction and the certificate of title
1050	indicating the satisfaction within 10 working days after receipt
1051	of final payment or notify the person satisfying the lien that
1052	the title is not available within 10 working days after receipt
1053	of final payment. If the lienholder is unable to provide the
1054	certificate of title and notifies the person of such, the
1055	lienholder shall provide a lien satisfaction and is responsible
1056	for the cost of a duplicate title, including expedited title
1057	charges as provided in s. 317.0016. This paragraph does not
1058	apply to electronic transactions under subsection (8).
1059	(b)  Following satisfaction of a lien, the lienholder shall
1060	enter a satisfaction thereof in the space provided on the face
1061	of the certificate of title. If the certificate of title was
1062	retained by the owner, the owner shall, within 5 days after
1063	satisfaction of the lien, deliver the certificate of title to
1064	the lienholder and the lienholder shall enter a satisfaction
1065	thereof in the space provided on the face of the certificate of
1066	title. If no subsequent liens are shown on the certificate of
1067	title, the certificate shall be delivered by the lienholder to
1068	the person satisfying the lien or encumbrance and an executed
1069	satisfaction on a form provided by the department shall be
1070	forwarded to the department by the lienholder within 10 days
1071	after satisfaction of the lien.
1072	(c)  If the certificate of title shows a subsequent lien
1073	not then being discharged, an executed satisfaction of the first
1074	lien shall be delivered by the lienholder to the person
1075	satisfying the lien and the certificate of title showing
1076	satisfaction of the first lien shall be forwarded by the
1077	lienholder to the department within 10 days after satisfaction
1078	of the lien.
1079	(d)  If, upon receipt of a title certificate showing
1080	satisfaction of the first lien, the department determines from
1081	its records that there are no subsequent liens or encumbrances
1082	upon the vehicle, the department shall forward to the owner, as
1083	shown on the face of the title, a corrected certificate showing
1084	no liens or encumbrances. If there is a subsequent lien not
1085	being discharged, the certificate of title shall be reissued
1086	showing the second or subsequent lienholder as the first
1087	lienholder and shall be delivered to either the new first
1088	lienholder or to the owner as indicated in the notice of lien
1089	filed by the new first lienholder. If the certificate of title
1090	is to be retained by the first lienholder on the reissued
1091	certificate, the first lienholder is entitled to retain the
1092	certificate of title except as provided in subsection (4) until
1093	his or her lien is satisfied. Upon satisfaction of the lien, the
1094	lienholder is subject to the procedures required of a first
1095	lienholder by subsection (4) and this subsection.
1096	(6)  When the original certificate of title cannot be
1097	returned to the department by the lienholder and evidence
1098	satisfactory to the department is produced that all liens or
1099	encumbrances have been satisfied, upon application by the owner
1100	for a duplicate copy of the certificate upon the form prescribed
1101	by the department, accompanied by the fee prescribed in this
1102	chapter, a duplicate copy of the certificate of title, without
1103	statement of liens or encumbrances, shall be issued by the
1104	department and delivered to the owner.
1105	(7)  Any person who fails, within 10 days after receipt of
1106	a demand by the department by certified mail, to return a
1107	certificate of title to the department as required by subsection
1108	(4) or who, upon satisfaction of a lien, fails within 10 days
1109	after receipt of such demand to forward the appropriate document
1110	to the department as required by paragraph (5)(b) or paragraph
1111	(5)(c) commits a misdemeanor of the second degree, punishable as
1112	provided in s. 775.082 or s. 775.083.
1113	(8)  Notwithstanding any requirements in this section or in
1114	s. 319.27 indicating that a lien on a vehicle shall be noted on
1115	the face of the Florida certificate of title, if there are one
1116	or more liens or encumbrances on the off-highway vehicle, the
1117	department may electronically transmit the lien to the first
1118	lienholder and notify the first lienholder of any additional
1119	liens. Subsequent lien satisfactions may be electronically
1120	transmitted to the department and must include the name and
1121	address of the person or entity satisfying the lien. When
1122	electronic transmission of liens and lien satisfactions are
1123	used, the issuance of a certificate of title may be waived until
1124	the last lien is satisfied and a clear certificate of title is
1125	issued to the owner of the vehicle.
1126	(9)  In sending any notice, the department is required to
1127	use only the last known address, as shown by its records.
1128	Section 36.  Section 317.0015, Florida Statutes, is created
1129	to read:
1130	317.0015  Application of law.--Sections 319.235, 319.241,
1131	319.25, 319.27, 319.28, and 319.40 apply to all off-highway
1132	vehicles that are required to be titled under this chapter.
1133	Section 37.  Section 317.0016, Florida Statutes, is created
1134	to read:
1135	317.0016  Expedited service; applications; fees.--The
1136	department shall provide, through its agents and for use by the
1137	public, expedited service on title transfers, title issuances,
1138	duplicate titles, recordation of liens, and certificates of
1139	repossession. A fee of $7 shall be charged for this service,
1140	which is in addition to the fees imposed by ss. 317.0007 and
1141	317.0008, and $3.50 of this fee shall be retained by the
1142	processing agency. All remaining fees shall be deposited in the
1143	Incidental Trust Fund of the Division of Forestry of the
1144	Department of Agriculture and Consumer Services. Application for
1145	expedited service may be made by mail or in person. The
1146	department shall issue each title applied for pursuant to this
1147	section within 5 working days after receipt of the application
1148	except for an application for a duplicate title certificate
1149	covered by s. 317.0008(3), in which case the title must be
1150	issued within 5 working days after compliance with the
1151	department's verification requirements.
1152	Section 38.  Section 317.0017, Florida Statutes, is created
1153	to read:
1154	317.0017  Offenses involving vehicle identification
1155	numbers, applications, certificates, papers; penalty.--
1156	(1)  A person may not:
1157	(a)  Alter or forge any certificate of title to an off-
1158	highway vehicle or any assignment thereof or any cancellation of
1159	any lien on an off-highway vehicle.
1160	(b)  Retain or use such certificate, assignment, or
1161	cancellation knowing that it has been altered or forged.
1162	(c)  Procure or attempt to procure a certificate of title
1163	to an off-highway vehicle, or pass or attempt to pass a
1164	certificate of title or any assignment thereof to an off-highway
1165	vehicle, knowing or having reason to believe that the off-
1166	highway vehicle has been stolen.
1167	(d)  Possess, sell or offer for sale, conceal, or dispose
1168	of in this state an off-highway vehicle, or major component part
1169	thereof, on which any motor number or vehicle identification
1170	number affixed by the manufacturer or by a state agency has been
1171	destroyed, removed, covered, altered, or defaced, with knowledge
1172	of such destruction, removal, covering, alteration, or
1173	defacement, except as provided in s. 319.30(4).
1174	(e)  Use a false or fictitious name, give a false or
1175	fictitious address, or make any false statement in any
1176	application or affidavit required under this chapter or in a
1177	bill of sale or sworn statement of ownership or otherwise commit
1178	a fraud in any application.
1179	(2)  A person may not knowingly obtain goods, services,
1180	credit, or money by means of an invalid, duplicate, fictitious,
1181	forged, counterfeit, stolen, or unlawfully obtained certificate
1182	of title, registration, bill of sale, or other indicia of
1183	ownership of an off-highway vehicle.
1184	(3)  A person may not knowingly obtain goods, services,
1185	credit, or money by means of a certificate of title to an off-
1186	highway vehicle, which certificate is required by law to be
1187	surrendered to the department.
1188	(4)  A person may not knowingly and with intent to defraud
1189	have in his or her possession, sell, offer to sell, counterfeit,
1190	or supply a blank, forged, fictitious, counterfeit, stolen, or
1191	fraudulently or unlawfully obtained certificate of title, bill
1192	of sale, or other indicia of ownership of an off-highway vehicle
1193	or conspire to do any of the foregoing.
1194	(5)  A person, firm, or corporation may not knowingly
1195	possess, manufacture, sell or exchange, offer to sell or
1196	exchange, supply in blank, or give away any counterfeit
1197	manufacturer's or state-assigned identification number plates or
1198	serial plates or any decal used for the purpose of identifying
1199	an off-highway vehicle. An officer, agent, or employee of any
1200	person, firm, or corporation, or any person may not authorize,
1201	direct, aid in exchange, or give away, or conspire to authorize,
1202	direct, aid in exchange, or give away, such counterfeit
1203	manufacturer's or state-assigned identification number plates or
1204	serial plates or any decal. However, this subsection does not
1205	apply to any approved replacement manufacturer's or state-
1206	assigned identification number plates or serial plates or any
1207	decal issued by the department or any state.
1208	(6)  A person who violates any provision of this section
1209	commits a felony of the third degree, punishable as provided in
1210	s. 775.082, s. 775.083, or s. 775.084. Any off-highway vehicle
1211	used in violation of this section constitutes contraband that
1212	may be seized by a law enforcement agency and that is subject to
1213	forfeiture proceedings pursuant to ss. 932.701-932.704. This
1214	section is not exclusive of any other penalties prescribed by
1215	any existing or future laws for the larceny or unauthorized
1216	taking of off-highway vehicles, but is supplementary thereto.
1217	Section 39.  Section 317.0018, Florida Statutes, is created
1218	to read:
1219	317.0018  Transfer without delivery of certificate;
1220	operation or use without certificate; failure to surrender;
1221	other violations.--Except as otherwise provided in this chapter,
1222	any person who:
1223	(1)  Purports to sell or transfer an off-highway vehicle
1224	without delivering to the purchaser or transferee of the vehicle
1225	a certificate of title to the vehicle duly assigned to the
1226	purchaser as provided in this chapter;
1227	(2)  Operates or uses in this state an off-highway vehicle
1228	for which a certificate of title is required without the
1229	certificate having been obtained in accordance with this
1230	chapter, or upon which the certificate of title has been
1231	canceled;
1232	(3)  Fails to surrender a certificate of title upon
1233	cancellation of the certificate by the department and notice
1234	thereof as prescribed in this chapter;
1235	(4)  Fails to surrender the certificate of title to the
1236	department as provided in this chapter in the case of the
1237	destruction, dismantling, or change of an off-highway vehicle in
1238	such respect that it is not the off-highway vehicle described in
1239	the certificate of title; or
1240	(5)  Violates any other provision of this chapter or a
1241	lawful rule adopted pursuant to this chapter
1242
1243	shall be fined not more than $500 or imprisoned for not more
1244	than 6 months, or both, for each offense, unless otherwise
1245	specified.
1246	Section 40.  Section 318.1215, Florida Statutes, is amended
1247	to read:
1248	318.1215  Dori Slosberg Driver Education Safety
1249	Act.--Effective October 1, 2002, notwithstanding the provisions
1250	of s. 318.121, a board of county commissioners may require, by
1251	ordinance, that the clerk of the court collect an additional $3
1252	with each civil traffic penalty, which shall be used to fund
1253	driver traffic education programs in public and nonpublic
1254	schools. The ordinance shall provide for the board of county
1255	commissioners to administer the funds, which shall be used for
1256	enhancement and not replacement of driver education program
1257	funds. The funds shall be used for direct educational expenses
1258	and shall not be used for administration. Each driver education
1259	program receiving funds pursuant to this section shall require
1260	that a minimum of 30 percent of a student's time in the program
1261	shall consist of behind-the-wheel training. This section may be
1262	cited as the "Dori Slosberg Driver Education Safety Act."
1263	Section 41.  Subsections (7), (9), and (10) of section
1264	318.14, Florida Statutes, are amended to read:
1265	318.14  Noncriminal traffic infractions; exception;
1266	procedures.--
1267	(7)(a)  The official having jurisdiction over the
1268	infraction shall certify to the department within 10 days after
1269	payment of the civil penalty that the defendant has admitted to
1270	the infraction. If the charge results in a hearing, the official
1271	having jurisdiction shall certify to the department the final
1272	disposition within 10 days after of the hearing. All
1273	dispositions returned to the county requiring a correction shall
1274	be resubmitted to the department within 10 days after the
1275	notification of the error.
1276	(b)  If the official having jurisdiction over the traffic
1277	infraction submits the final disposition to the department more
1278	than 180 days after the final hearing or after payment of the
1279	civil penalty, the department may modify any resulting
1280	suspension or revocation action to begin as if the citation were
1281	reported in a timely manner.
1282	(9)  Any person who does not hold a commercial driver's
1283	license and who is cited for an infraction under this section
1284	other than a violation of s. 320.0605, s. 320.07(3)(a) or (b),
1285	s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu
1286	of a court appearance, elect to attend in the location of his or
1287	her choice within this state a basic driver improvement course
1288	approved by the Department of Highway Safety and Motor Vehicles.
1289	In such a case, adjudication must be withheld; points, as
1290	provided by s. 322.27, may not be assessed; and the civil
1291	penalty that is imposed by s. 318.18(3) must be reduced by 18
1292	percent; however, a person may not make an election under this
1293	subsection if the person has made an election under this
1294	subsection in the preceding 12 months. A person may make no more
1295	than five elections under this subsection. The requirement for
1296	community service under s. 318.18(8) is not waived by a plea of
1297	nolo contendere or by the withholding of adjudication of guilt
1298	by a court.
1299	(10)(a)  Any person who does not hold a commercial driver's
1300	license and who is cited for an offense listed under this
1301	subsection may, in lieu of payment of fine or court appearance,
1302	elect to enter a plea of nolo contendere and provide proof of
1303	compliance to the clerk of the court or authorized operator of a
1304	traffic violations bureau. In such case, adjudication shall be
1305	withheld; however, no election shall be made under this
1306	subsection if such person has made an election under this
1307	subsection in the 12 months preceding election hereunder. No
1308	person may make more than three elections under this subsection.
1309	This subsection applies to the following offenses:
1310	1.  Operating a motor vehicle without a valid driver's
1311	license in violation of the provisions of s. 322.03, s. 322.065,
1312	or s. 322.15(1), or operating a motor vehicle with a license
1313	which has been suspended for failure to appear, failure to pay
1314	civil penalty, or failure to attend a driver improvement course
1315	pursuant to s. 322.291.
1316	2.  Operating a motor vehicle without a valid registration
1317	in violation of s. 320.0605, s. 320.07, or s. 320.131.
1318	3.  Operating a motor vehicle in violation of s. 316.646.
1319	(b)  Any person cited for an offense listed in this
1320	subsection shall present proof of compliance prior to the
1321	scheduled court appearance date. For the purposes of this
1322	subsection, proof of compliance shall consist of a valid,
1323	renewed, or reinstated driver's license or registration
1324	certificate and proper proof of maintenance of security as
1325	required by s. 316.646. Notwithstanding waiver of fine, any
1326	person establishing proof of compliance shall be assessed court
1327	costs of $22, except that a person charged with violation of s.
1328	316.646(1)-(3) may be assessed court costs of $7. One dollar of
1329	such costs shall be remitted to the Department of Revenue for
1330	deposit into the Child Welfare Training Trust Fund of the
1331	Department of Children and Family Services. One dollar of such
1332	costs shall be distributed to the Department of Juvenile Justice
1333	for deposit into the Juvenile Justice Training Trust Fund.
1334	Twelve dollars of such costs shall be distributed to the
1335	municipality and $8 shall be deposited by the clerk of the court
1336	into the fine and forfeiture fund established pursuant to s.
1337	142.01, if the offense was committed within the municipality. If
1338	the offense was committed in an unincorporated area of a county
1339	or if the citation was for a violation of s. 316.646(1)-(3), the
1340	entire amount shall be deposited by the clerk of the court into
1341	the fine and forfeiture fund established pursuant to s. 142.01,
1342	except for the moneys to be deposited into the Child Welfare
1343	Training Trust Fund and the Juvenile Justice Training Trust
1344	Fund. This subsection shall not be construed to authorize the
1345	operation of a vehicle without a valid driver's license, without
1346	a valid vehicle tag and registration, or without the maintenance
1347	of required security.
1348	Section 42.  Effective October 1, 2005, subsection (5) of
1349	section 318.14, Florida Statutes, is amended to read:
1350	318.14  Noncriminal traffic infractions; exception;
1351	procedures.--
1352	(5)  Any person electing to appear before the designated
1353	official or who is required so to appear shall be deemed to have
1354	waived his or her right to the civil penalty provisions of s.
1355	318.18. The official, after a hearing, shall make a
1356	determination as to whether an infraction has been committed. If
1357	the commission of an infraction has been proven, the official
1358	may impose a civil penalty not to exceed $500, except that in
1359	cases involving unlawful speed in a school zone or, involving
1360	unlawful speed in a construction zone, or involving a death, the
1361	civil penalty may not exceed $1,000; or require attendance at a
1362	driver improvement school, or both. If the person is required to
1363	appear before the designated official pursuant to s. 318.19(1)
1364	and is found to have committed the infraction, the designated
1365	official shall impose a civil penalty of $1,000 in addition to
1366	any other penalties and the person's driver license shall be
1367	suspended for 6 months. If the person is required to appear
1368	before the designated official pursuant to s. 318.19(2) and is
1369	found to have committed the infraction, the designated official
1370	shall impose a civil penalty of $500 in addition to any other
1371	penalties and the person's driver license shall be suspended for
1372	3 months. If the official determines that no infraction has been
1373	committed, no costs or penalties shall be imposed and any costs
1374	or penalties that have been paid shall be returned. Moneys
1375	received from the mandatory civil penalties imposed pursuant to
1376	this subsection upon persons required to appear before a
1377	designated official pursuant to s. 318.19(1) or (2) shall be
1378	remitted to the Department of Revenue and distributed in the
1379	following manner:
1380	(a)  One million dollars annually shall be transferred to
1381	ABATE of Florida, Inc., a 501(c)(4) corporation, for the purpose
1382	of fostering motorcycle safety awareness, education, and
1383	research programs relating to accident prevention. Such funds
1384	shall be subject to annual audit by the department and the
1385	Auditor General.
1386	(b)  The remaining funds shall be deposited into the
1387	Highway Safety Operating Trust to be used by the department for
1388	the purpose of fostering safety awareness, education, and
1389	research programs relating to accident prevention.
1390	Section 43.  Effective October 1, 2005, subsection (13) is
1391	added to section 318.21, Florida Statutes, to read:
1392	318.21  Disposition of civil penalties by county
1393	courts.--All civil penalties received by a county court pursuant
1394	to the provisions of this chapter shall be distributed and paid
1395	monthly as follows:
1396	(13)  Notwithstanding subsections (1) and (2), the proceeds
1397	from the mandatory civil penalties imposed pursuant to s.
1398	318.14(5) shall be distributed as provided in that section.
1399	Section 44.  Subsection (6) of section 319.23, Florida
1400	Statutes, is amended to read:
1401	319.23  Application for, and issuance of, certificate of
1402	title.--
1403	(6)  In the case of the sale of a motor vehicle or mobile
1404	home by a licensed dealer to a general purchaser, the
1405	certificate of title shall be obtained in the name of the
1406	purchaser by the dealer upon application signed by the
1407	purchaser, and in each other case such certificate shall be
1408	obtained by the purchaser. In each case of transfer of a motor
1409	vehicle or mobile home, the application for certificate of
1410	title, or corrected certificate, or assignment or reassignment,
1411	shall be filed within 30 days from the delivery of such motor
1412	vehicle or mobile home to the purchaser. An applicant shall be
1413	required to pay a fee of $10, in addition to all other fees and
1414	penalties required by law, for failing to file such application
1415	within the specified time. When a licensed dealer acquires a
1416	motor vehicle or mobile home as a trade-in, the dealer must file
1417	with the department, within 30 days, a notice of sale signed by
1418	the seller. The department shall update its database for that
1419	title record to indicate "sold." A licensed dealer need not
1420	apply for a certificate of title for any motor vehicle or mobile
1421	home in stock acquired for stock purposes except as provided in
1422	s. 319.225.
1423	Section 45.  Subsections (2) and (3) of section 319.27,
1424	Florida Statutes, are amended to read:
1425	319.27  Notice of lien on motor vehicles or mobile homes;
1426	notation on certificate; recording of lien.--
1427	(2)  No lien for purchase money or as security for a debt
1428	in the form of a security agreement, retain title contract,
1429	conditional bill of sale, chattel mortgage, or other similar
1430	instrument or any other nonpossessory lien, including a lien for
1431	child support, upon a motor vehicle or mobile home upon which a
1432	Florida certificate of title has been issued shall be
1433	enforceable in any of the courts of this state against creditors
1434	or subsequent purchasers for a valuable consideration and
1435	without notice, unless a sworn notice of such lien has been
1436	filed in the department and such lien has been noted upon the
1437	certificate of title of the motor vehicle or mobile home. Such
1438	notice shall be effective as constructive notice when filed. No
1439	interest of a statutory nonpossessory lienor; the interest of a
1440	nonpossessory execution, attachment, or equitable lienor; or the
1441	interest of a lien creditor as defined in s. 679.1021(1)(zz) s.
1442	679.301(3), if nonpossessory, shall be enforceable against
1443	creditors or subsequent purchasers for a valuable consideration
1444	unless such interest becomes a possessory lien or is noted upon
1445	the certificate of title for the subject motor vehicle or mobile
1446	home prior to the occurrence of the subsequent transaction.
1447	Provided the provisions of this subsection relating to a
1448	nonpossessory statutory lienor; a nonpossessory execution,
1449	attachment, or equitable lienor; or the interest of a lien
1450	creditor as defined in s. 679.1021(1)(zz) s. 679.301(3) shall
1451	not apply to liens validly perfected prior to October 1, 1988.
1452	The notice of lien shall provide the following information:
1453	(a)  The date of the lien if a security agreement, retain
1454	title contract, conditional bill of sale, chattel mortgage, or
1455	other similar instrument was executed prior to the filing of the
1456	notice of lien;
1457	(b)  The name and address of the registered owner;
1458	(c)  A description of the motor vehicle or mobile home,
1459	showing the make, type, and vehicle identification number; and
1460	(d)  The name and address of the lienholder.
1461	(3)(a)  A person may file a notice of lien with regard to a
1462	motor vehicle or mobile home before a security agreement, retain
1463	title contract, conditional bill of sale, chattel mortgage, or
1464	other similar instrument is executed granting a lien, mortgage,
1465	or encumbrance on, or a security interest in, such motor vehicle
1466	or mobile home.
1467	(b)  As applied to a determination of the respective rights
1468	of a secured party under this chapter and a lien creditor as
1469	defined by s. 679.1021(1)(zz) s. 679.301(3), or a nonpossessory
1470	statutory lienor, a security interest under this chapter shall
1471	be perfected upon the filing of the notice of lien with the
1472	department, the county tax collector, or their agents. Provided,
1473	however, the date of perfection of a security interest of such
1474	secured party shall be the same date as the execution of the
1475	security agreement or other similar instrument if the notice of
1476	lien is filed in accordance with this subsection within 15 days
1477	after the debtor receives possession of the motor vehicle or
1478	mobile home and executes such security agreement or other
1479	similar instrument. The date of filing of the notice of lien
1480	shall be the date of its receipt by the department central
1481	office in Tallahassee, if first filed there, or otherwise by the
1482	office of the county tax collector, or their agents.
1483	Section 46.  Subsection (19) is added to section 320.02,
1484	Florida Statutes, to read:
1485	320.02  Registration required; application for
1486	registration; forms; withholding of registration.--
1487	(19)  The department is authorized to withhold registration
1488	or renewal of registration of any motor vehicle if the name of
1489	the owner or one of the coowners appears on a list that was
1490	submitted to the department by a licensed motor vehicle dealer
1491	showing that money is owed to the dealer for fees for a previous
1492	registration. The motor vehicle dealer must maintain signed
1493	evidence that the owner or coowner acknowledged the dealer's
1494	authority to submit the list to the department if the owner or
1495	coowner failed to pay and must note the amount the owner or
1496	coowner would be responsible to pay for the vehicle
1497	registration. The dealer must maintain the necessary
1498	documentation required in this subsection or face penalties as
1499	provided in s. 320.27. This subsection does not affect the
1500	issuance of a title to a motor vehicle.
1501	(a)  If the motor vehicle owner or coowner has documentary
1502	proof that the registration fees have been paid to the dealer
1503	for the disputed amount, the motor vehicle owner or coowner may
1504	dispute the claim that money is owed to a dealer for
1505	registration fees by submitting a form to the department.
1506	Without clear evidence of the amounts owed for the vehicle
1507	registration and repayment, the department will assume initial
1508	payments are applied to government-assessed fees first.
1509	(b)  If the motor vehicle owner's or coowner's dispute
1510	complies with paragraph (a), the department shall immediately
1511	remove the motor vehicle owner's or coowner's name from the
1512	list, thereby allowing the issuance of a license plate or
1513	revalidation sticker.
1514	Section 47.  Paragraph (b) of subsection (1) of section
1515	320.06, Florida Statutes, is amended to read:
1516	320.06  Registration certificates, license plates, and
1517	validation stickers generally.--
1518	(1)
1519	(b)  Registration license plates bearing a graphic symbol
1520	and the alphanumeric system of identification shall be issued
1521	for a 5-year period. At the end of said 5-year period, upon
1522	renewal, the plate shall be replaced. The fee for such
1523	replacement shall be $10, $2 of which shall be paid each year
1524	before the plate is replaced, to be credited towards the next
1525	$10 replacement fee. The fees shall be deposited into the
1526	Highway Safety Operating Trust Fund. A credit or refund shall
1527	not be given for any prior years' payments of such prorated
1528	replacement fee when the plate is replaced or surrendered before
1529	the end of the 5-year period, except that a credit may be given
1530	when a registrant is required by the department to replace a
1531	license plate under s. 320.08056(8)(a). With each license plate,
1532	there shall be issued a validation sticker showing the owner's
1533	birth month, license plate number, and the year of expiration or
1534	the appropriate renewal period if the owner is not a natural
1535	person. The validation sticker is to be placed on the upper
1536	right corner of the license plate. Such license plate and
1537	validation sticker shall be issued based on the applicant's
1538	appropriate renewal period. The registration period shall be a
1539	period of 12 months, and all expirations shall occur based on
1540	the applicant's appropriate registration period. A vehicle with
1541	an apportioned registration shall be issued an annual license
1542	plate and a cab card that denote the declared gross vehicle
1543	weight for each apportioned jurisdiction in which the vehicle is
1544	authorized to operate.
1545	Section 48.  Section 320.0601, Florida Statutes, is amended
1546	to read:
1547	320.0601  Lease and rental car companies; identification of
1548	vehicles as for-hire.--
1549	(1)  A rental car company may not rent in this state any
1550	for-hire vehicle, other than vehicles designed to transport
1551	cargo, that has affixed to its exterior any bumper stickers,
1552	insignias, or advertising that identifies the vehicle as a
1553	rental vehicle.
1554	(2)  As used in this section, the term:
1555	(a)  "Bumper stickers, insignias, or advertising" does not
1556	include:
1557	1.  Any emblem of no more than two colors which is less
1558	than 2 inches by 4 inches, which is placed on the rental car for
1559	inventory purposes only, and which does not display the name or
1560	logo of the rental car company; or
1561	2.  Any license required by the law of the state in which
1562	the vehicle is registered.
1563	(b)  "Rent in this state" means to sign a rental contract
1564	in this state or to deliver a car to a renter in this state.
1565	(3)  A rental car company that leases a motor vehicle that
1566	is found to be in violation of this section shall be punished by
1567	a fine of $500 per occurrence.
1568	(4)  Any registration or renewal as required under s.
1569	320.02 for an original or transfer of a long-term leased motor
1570	vehicle must be in the name and address of the lessee.
1571	Section 49.  Section 320.0605, Florida Statutes, is amended
1572	to read:
1573	320.0605  Certificate of registration; possession required;
1574	exception.--The registration certificate or an official copy
1575	thereof, a true copy of a rental or lease agreement issued for a
1576	motor vehicle or issued for a replacement vehicle in the same
1577	registration period, a temporary receipt printed upon self-
1578	initiated electronic renewal of a registration via the Internet,
1579	or a cab card issued for a vehicle registered under the
1580	International Registration Plan shall, at all times while the
1581	vehicle is being used or operated on the roads of this state, be
1582	in the possession of the operator thereof or be carried in the
1583	vehicle for which issued and shall be exhibited upon demand of
1584	any authorized law enforcement officer or any agent of the
1585	department, except for a vehicle registered under s. 320.0657.
1586	The provisions of this section do not apply during the first 30
1587	days after purchase of a replacement vehicle. A violation of
1588	this section is a noncriminal traffic infraction, punishable as
1589	a nonmoving violation as provided in chapter 318.
1590	Section 50.  Paragraph (b) of subsection (33) and paragraph
1591	(c) of subsection (56) of section 320.08058, Florida Statutes,
1592	are amended to read:
1593	320.08058  Specialty license plates.--
1594	(33)  UNITED WE STAND LICENSE PLATES.--
1595	(b)  The department shall retain all revenues from the sale
1596	of such plates until all startup costs for developing and
1597	issuing the plates have been recovered. Thereafter, 50 percent
1598	of the annual use fee shall be distributed to the Department of
1599	Transportation to fund a grant program to enhance security at
1600	airports throughout the state and 50 percent of such fees shall
1601	be distributed to the Rewards for Justice Fund, to be
1602	contributed to the United States State Department's Rewards for
1603	Justice program and used solely to apprehend terrorists and
1604	bring them to justice.
1605	(56)  ANIMAL FRIEND LICENSE PLATES.--
1606	(c)  After the department has recovered all startup costs
1607	for developing and issuing the plates, the annual use fees shall
1608	be distributed to Florida Animal Friend, Inc. the Humane Society
1609	of the United States for animal welfare programs and spay and
1610	neuter programs in the state.
1611	Section 51.  Section 320.0843, Florida Statutes, is amended
1612	to read:
1613	320.0843  License plates for persons with disabilities
1614	eligible for permanent disabled parking permits.--
1615	(1)  Any owner or lessee of a motor vehicle who resides in
1616	this state and qualifies for a disabled parking permit under s.
1617	320.0848(2), upon application to the department and payment of
1618	the license tax for a motor vehicle registered under s.
1619	320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
1620	(9)(c) or (d), shall be issued a license plate as provided by s.
1621	320.06 which, in lieu of the serial number prescribed by s.
1622	320.06, shall be stamped with the international wheelchair user
1623	symbol after the serial number of the license plate. The license
1624	plate entitles the person to all privileges afforded by a
1625	parking permit issued under s. 320.0848. When more that one
1626	registrant is listed on the registration issued under this
1627	section, the eligible applicant shall be noted on the
1628	registration certificate.
1629	(2)  All applications for such license plates must be made
1630	to the department.
1631	Section 52.  Paragraph (a) of subsection (1) of section
1632	320.089, Florida Statutes, is amended to read:
1633	320.089  Members of National Guard and active United States
1634	Armed Forces reservists; former prisoners of war; survivors of
1635	Pearl Harbor; Purple Heart medal recipients; special license
1636	plates; fee.--
1637	(1)(a)  Each owner or lessee of an automobile or truck for
1638	private use or recreational vehicle as specified in s.
1639	320.08(9)(c) or (d), which is not used for hire or commercial
1640	use, who is a resident of the state and an active or retired
1641	member of the Florida National Guard, a survivor of the attack
1642	on Pearl Harbor, a recipient of the Purple Heart medal, or an
1643	active or retired member of any branch of the United States
1644	Armed Forces Reserve shall, upon application to the department,
1645	accompanied by proof of active membership or retired status in
1646	the Florida National Guard, proof of membership in the Pearl
1647	Harbor Survivors Association or proof of active military duty in
1648	Pearl Harbor on December 7, 1941, proof of being a Purple Heart
1649	medal recipient, or proof of active or retired membership in any
1650	branch of the Armed Forces Reserve, and upon payment of the
1651	license tax for the vehicle as provided in s. 320.08, be issued
1652	a license plate as provided by s. 320.06, upon which, in lieu of
1653	the serial numbers prescribed by s. 320.06, shall be stamped the
1654	words "National Guard," "Pearl Harbor Survivor," "Combat-wounded
1655	veteran," or "U.S. Reserve," as appropriate, followed by the
1656	serial number of the license plate. Additionally, the Purple
1657	Heart plate may have the words "Purple Heart" stamped on the
1658	plate and the likeness of the Purple Heart medal appearing on
1659	the plate.
1660	Section 53.  Subsection (8) is added to section 320.131,
1661	Florida Statutes, to read:
1662	320.131  Temporary tags.--
1663	(8)  The department may administer an electronic system for
1664	licensed motor vehicle dealers to use in issuing temporary
1665	license plates. Upon issuing a temporary license plate, the
1666	dealer shall access the electronic system and enter the
1667	appropriate vehicle and owner information within the timeframe
1668	specified by department rule. If a dealer fails to comply with
1669	the department's requirements for issuing temporary license
1670	plates using the electronic system, the department may deny,
1671	suspend, or revoke a license under s. 320.27(9)(b)16. upon proof
1672	that the licensee has failed to comply with the department's
1673	requirements. The department may adopt rules pursuant to ss.
1674	120.536(1) and 120.54 to administer the provisions of this
1675	subsection.
1676	Section 54.  Subsection (1) of section 320.18, Florida
1677	Statutes, is amended to read:
1678	320.18  Withholding registration.--
1679	(1)  The department may withhold the registration of any
1680	motor vehicle or mobile home the owner of which has failed to
1681	register it under the provisions of law for any previous period
1682	or periods for which it appears registration should have been
1683	made in this state, until the tax for such period or periods is
1684	paid. The department may cancel any vehicle or vessel
1685	registration, driver's license, identification card, license
1686	plate or fuel-use tax decal if the owner pays for the vehicle or
1687	vessel registration, driver's license, identification card, or
1688	license plate, fuel-use tax decal; pays any administrative,
1689	delinquency, or reinstatement fee;, or pays any tax liability,
1690	penalty, or interest specified in chapter 207 by a dishonored
1691	check, or if the vehicle owner or motor carrier has failed to
1692	pay a penalty for a weight or safety violation issued by the
1693	Department of Transportation Motor Carrier Compliance Office.
1694	The Department of Transportation and the Department of Highway
1695	Safety and Motor Vehicles may impound any commercial motor
1696	vehicle that has a canceled license plate or fuel-use tax decal
1697	until the tax liability, penalty, and interest specified in
1698	chapter 207, the license tax, or the fuel-use decal fee, and
1699	applicable administrative fees have been paid for by certified
1700	funds.
1701	Section 55.  Paragraph (a) of subsection (4), subsection
1702	(6), and paragraph (b) of subsection (9) of section 320.27,
1703	Florida Statutes, are amended to read:
1704	320.27  Motor vehicle dealers.--
1705	(4)  LICENSE CERTIFICATE.--
1706	(a)  A license certificate shall be issued by the
1707	department in accordance with such application when the
1708	application is regular in form and in compliance with the
1709	provisions of this section. The license certificate may be in
1710	the form of a document or a computerized card as determined by
1711	the department. The actual cost of each original, additional, or
1712	replacement computerized card shall be borne by the licensee and
1713	is in addition to the fee for licensure. Such license, when so
1714	issued, entitles the licensee to carry on and conduct the
1715	business of a motor vehicle dealer. Each license issued to a
1716	franchise motor vehicle dealer expires annually on December 31
1717	unless revoked or suspended prior to that date. Each license
1718	issued to an independent or wholesale dealer or auction expires
1719	annually on April 30 unless revoked or suspended prior to that
1720	date. Not less than 60 days prior to the license expiration
1721	date, the department shall deliver or mail to each licensee the
1722	necessary renewal forms. Each independent dealer shall certify
1723	that the dealer principal (owner, partner, officer of the
1724	corporation, or director) has completed 8 hours of continuing
1725	education prior to filing the renewal forms with the department.
1726	Such certification shall be filed once every 2 years commencing
1727	with the 2006 renewal period. The continuing education shall
1728	include at least 2 hours of legal or legislative issues, 1 hour
1729	of department issues, and 5 hours of relevant motor vehicle
1730	industry topics. Continuing education shall be provided by
1731	dealer schools licensed under paragraph (b) either in a
1732	classroom setting or by correspondence. Such schools shall
1733	provide certificates of completion to the department and the
1734	customer which shall be filed with the license renewal form, and
1735	such schools may charge a fee for providing continuing
1736	education. Any licensee who does not file his or her application
1737	and fees and any other requisite documents, as required by law,
1738	with the department at least 30 days prior to the license
1739	expiration date shall cease to engage in business as a motor
1740	vehicle dealer on the license expiration date. A renewal filed
1741	with the department within 45 days after the expiration date
1742	shall be accompanied by a delinquent fee of $100. Thereafter, a
1743	new application is required, accompanied by the initial license
1744	fee. A license certificate duly issued by the department may be
1745	modified by endorsement to show a change in the name of the
1746	licensee, provided, as shown by affidavit of the licensee, the
1747	majority ownership interest of the licensee has not changed or
1748	the name of the person appearing as franchisee on the sales and
1749	service agreement has not changed. Modification of a license
1750	certificate to show any name change as herein provided shall not
1751	require initial licensure or reissuance of dealer tags; however,
1752	any dealer obtaining a name change shall transact all business
1753	in and be properly identified by that name. All documents
1754	relative to licensure shall reflect the new name. In the case of
1755	a franchise dealer, the name change shall be approved by the
1756	manufacturer, distributor, or importer. A licensee applying for
1757	a name change endorsement shall pay a fee of $25 which fee shall
1758	apply to the change in the name of a main location and all
1759	additional locations licensed under the provisions of subsection
1760	(5). Each initial license application received by the department
1761	shall be accompanied by verification that, within the preceding
1762	6 months, the applicant, or one or more of his or her designated
1763	employees, has attended a training and information seminar
1764	conducted by a licensed motor vehicle dealer training school the
1765	department. Such seminar shall include, but is not limited to,
1766	statutory dealer requirements, which requirements include
1767	required bookkeeping and recordkeeping procedures, requirements
1768	for the collection of sales and use taxes, and such other
1769	information that in the opinion of the department will promote
1770	good business practices. No seminar may exceed 8 hours in
1771	length.
1772	(6)  RECORDS TO BE KEPT BY LICENSEE.--Every licensee shall
1773	keep a book or record in such form as shall be prescribed or
1774	approved by the department for a period of 5 years, in which the
1775	licensee shall keep a record of the purchase, sale, or exchange,
1776	or receipt for the purpose of sale, of any motor vehicle, the
1777	date upon which any temporary tag was issued, the date of title
1778	transfer, and a description of such motor vehicle together with
1779	the name and address of the seller, the purchaser, and the
1780	alleged owner or other person from whom such motor vehicle was
1781	purchased or received or to whom it was sold or delivered, as
1782	the case may be. Such description shall include the
1783	identification or engine number, maker's number, if any, chassis
1784	number, if any, and such other numbers or identification marks
1785	as may be thereon and shall also include a statement that a
1786	number has been obliterated, defaced, or changed, if such is the
1787	fact.
1788	(9)  DENIAL, SUSPENSION, OR REVOCATION.--
1789	(b)  The department may deny, suspend, or revoke any
1790	license issued hereunder or under the provisions of s. 320.77 or
1791	s. 320.771 upon proof that a licensee has committed, with
1792	sufficient frequency so as to establish a pattern of wrongdoing
1793	on the part of a licensee, violations of one or more of the
1794	following activities:
1795	1.  Representation that a demonstrator is a new motor
1796	vehicle, or the attempt to sell or the sale of a demonstrator as
1797	a new motor vehicle without written notice to the purchaser that
1798	the vehicle is a demonstrator. For the purposes of this section,
1799	a "demonstrator," a "new motor vehicle," and a "used motor
1800	vehicle" shall be defined as under s. 320.60.
1801	2.  Unjustifiable refusal to comply with a licensee's
1802	responsibility under the terms of the new motor vehicle warranty
1803	issued by its respective manufacturer, distributor, or importer.
1804	However, if such refusal is at the direction of the
1805	manufacturer, distributor, or importer, such refusal shall not
1806	be a ground under this section.
1807	3.  Misrepresentation or false, deceptive, or misleading
1808	statements with regard to the sale or financing of motor
1809	vehicles which any motor vehicle dealer has, or causes to have,
1810	advertised, printed, displayed, published, distributed,
1811	broadcast, televised, or made in any manner with regard to the
1812	sale or financing of motor vehicles.
1813	4.  Failure by any motor vehicle dealer to provide a
1814	customer or purchaser with an odometer disclosure statement and
1815	a copy of any bona fide written, executed sales contract or
1816	agreement of purchase connected with the purchase of the motor
1817	vehicle purchased by the customer or purchaser.
1818	5.  Failure of any motor vehicle dealer to comply with the
1819	terms of any bona fide written, executed agreement, pursuant to
1820	the sale of a motor vehicle.
1821	6.  Failure to apply for transfer of a title as prescribed
1822	in s. 319.23(6).
1823	7.  Use of the dealer license identification number by any
1824	person other than the licensed dealer or his or her designee.
1825	8.  Failure to continually meet the requirements of the
1826	licensure law.
1827	9.  Representation to a customer or any advertisement to
1828	the public representing or suggesting that a motor vehicle is a
1829	new motor vehicle if such vehicle lawfully cannot be titled in
1830	the name of the customer or other member of the public by the
1831	seller using a manufacturer's statement of origin as permitted
1832	in s. 319.23(1).
1833	10.  Requirement by any motor vehicle dealer that a
1834	customer or purchaser accept equipment on his or her motor
1835	vehicle which was not ordered by the customer or purchaser.
1836	11.  Requirement by any motor vehicle dealer that any
1837	customer or purchaser finance a motor vehicle with a specific
1838	financial institution or company.
1839	12.  Requirement by any motor vehicle dealer that the
1840	purchaser of a motor vehicle contract with the dealer for
1841	physical damage insurance.
1842	13.  Perpetration of a fraud upon any person as a result of
1843	dealing in motor vehicles, including, without limitation, the
1844	misrepresentation to any person by the licensee of the
1845	licensee's relationship to any manufacturer, importer, or
1846	distributor.
1847	14.  Violation of any of the provisions of s. 319.35 by any
1848	motor vehicle dealer.
1849	15.  Sale by a motor vehicle dealer of a vehicle offered in
1850	trade by a customer prior to consummation of the sale, exchange,
1851	or transfer of a newly acquired vehicle to the customer, unless
1852	the customer provides written authorization for the sale of the
1853	trade-in vehicle prior to delivery of the newly acquired
1854	vehicle.
1855	16.  Willful failure to comply with any administrative rule
1856	adopted by the department or the provisions of s. 320.131(8).
1857	17.  Violation of chapter 319, this chapter, or ss.
1858	559.901-559.9221, which has to do with dealing in or repairing
1859	motor vehicles or mobile homes. Additionally, in the case of
1860	used motor vehicles, the willful violation of the federal law
1861	and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
1862	the consumer sales window form.
1863	18.  Failure to maintain evidence of notification to the
1864	owner or coowner of a vehicle regarding registration or titling
1865	fees owed as required under s. 320.02(19).
1866	Section 56.  Subsection (15) of section 320.77, Florida
1867	Statutes, is amended to read:
1868	320.77  License required of mobile home dealers.--
1869	(15)  SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
1870	CREDIT REQUIRED.--
1871	(a)  Before any license shall be issued or renewed, the
1872	applicant or licensee shall deliver to the department a good and
1873	sufficient surety bond, cash bond, or irrevocable letter of
1874	credit, executed by the applicant or licensee as principal and
1875	by a surety company qualified to do business in the state as
1876	surety. The bond or irrevocable letter of credit shall be in a
1877	form to be approved by the department and shall be conditioned
1878	upon the dealer's complying with the conditions of any written
1879	contract made by the dealer in connection with the sale,
1880	exchange, or improvement of any mobile home and his or her not
1881	violating any of the provisions of chapter 319 or this chapter
1882	in the conduct of the business for which the dealer is licensed.
1883	The bond or irrevocable letter of credit shall be to the
1884	department and in favor of any retail customer who shall suffer
1885	any loss as a result of any violation of the conditions
1886	hereinabove contained in this section. The bond or irrevocable
1887	letter of credit shall be for the license period, and a new bond
1888	or irrevocable letter of credit or a proper continuation
1889	certificate shall be delivered to the department at the
1890	beginning of each license period. However, the aggregate
1891	liability of the surety in any one license year shall in no
1892	event exceed the sum of such bond, or, in the case of a letter
1893	of credit, the aggregate liability of the issuing bank shall not
1894	exceed the sum of the credit. The amount of the bond required
1895	shall be as follows:
1896	1.  A single dealer who buys, sells, or deals in mobile
1897	homes and who has four or fewer supplemental licenses shall
1898	provide a surety bond, cash bond, or irrevocable letter of
1899	credit executed by the dealer applicant or licensee in the
1900	amount of $25,000.
1901	2.  A single dealer who buys, sells, or deals in mobile
1902	homes and who has more than four supplemental licenses shall
1903	provide a surety bond, cash bond, or irrevocable letter of
1904	credit executed by the dealer applicant or licensee in the
1905	amount of $50,000.
1906
1907	For the purposes of this paragraph, any person who buys, sells,
1908	or deals in both mobile homes and recreational vehicles shall
1909	provide the same surety bond required of dealers who buy, sell,
1910	or deal in mobile homes only.
1911	(b)  Surety bonds shall be executed by a surety company
1912	authorized to do business in the state as surety, and
1913	irrevocable letters of credit shall be issued by a bank
1914	authorized to do business in the state as a bank.
1915	(c)  Irrevocable letters of credit shall be engaged by a
1916	bank as an agreement to honor demands for payment as specified
1917	in this section.
1918	(d)(b)  The department shall, upon denial, suspension, or
1919	revocation of any license, notify the surety company of the
1920	licensee, or bank issuing an irrevocable letter of credit for
1921	the licensee, in writing, that the license has been denied,
1922	suspended, or revoked and shall state the reason for such
1923	denial, suspension, or revocation.
1924	(e)(c)  Any surety company which pays any claim against the
1925	bond of any licensee or any bank which honors a demand for
1926	payment as a condition specified in a letter of credit of a
1927	licensee shall notify the department, in writing, that it has
1928	paid such action has been taken a claim and shall state the
1929	amount of the claim or payment.
1930	(f)(d)  Any surety company which cancels the bond of any
1931	licensee or any bank which cancels an irrevocable letter of
1932	credit shall notify the department, in writing, of such
1933	cancellation, giving reason for the cancellation.
1934	Section 57.  (1)  There is created the Manufactured Housing
1935	Regulatory Study Commission. The study commission shall be
1936	composed of 11 members who shall be appointed as follows:
1937	(a)  Four members appointed by the Florida Manufactured
1938	Housing Association, one member representing publicly owned
1939	manufacturers of manufactured housing, one member representing
1940	privately owned manufacturers of manufactured housing, and two
1941	members who are retail sellers of manufactured housing, one of
1942	whom must also sell residential manufactured buildings approved
1943	by the Department of Community Affairs.
1944	(b)  Two members from the Senate, appointed by the
1945	President of the Senate.
1946	(c)  Two members from the House of Representatives,
1947	appointed by the Speaker of the House of Representatives.
1948	(d)  The secretary of the Department of Community Affairs
1949	or the secretary's designee.
1950	(e)  The executive director of the Department of Highway
1951	Safety and Motor Vehicles or the director's designee.
1952	(f)  The commissioner of the Department of Agriculture and
1953	Consumer Services or the commissioner's designee.
1954
1955	The commission members representing the departments of Community
1956	Affairs, Highway Safety and Motor Vehicles, and Agriculture and
1957	Consumer Services shall serve as ex officio, nonvoting members
1958	of the study commission.
1959	(2)  The study commission shall review the programs
1960	regulating manufactured and mobile homes which are currently
1961	located at the Department of Highway Safety and Motor Vehicles
1962	and must include a review of the following programs and
1963	activities:
1964	(a)  The federal construction and inspection programs.
1965	(b)  The installation program, including the regulation and
1966	inspection functions.
1967	(c)  The Mobile Home and Recreational Vehicle Protection
1968	Trust Fund.
1969	(d)  The licensing of manufacturers, retailers, and
1970	installers of manufactured and mobile homes.
1971	(e)  The titling of manufactured and mobile homes.
1972	(f)  Dispute resolution.
1973
1974	During the course of the study, the study commission must review
1975	the sources funding the programs to determine if the
1976	manufactured and mobile home programs are or can be self-
1977	sustaining. The study commission shall also consider the impact
1978	changes in regulation may have on the industry and its
1979	consumers.
1980	(3)  The study commission shall be administratively
1981	supported by the staff of the transportation committees of the
1982	Senate and the House of Representatives.
1983	(4)(a)  The study commission must hold its initial meeting
1984	no later than August 15, 2005, in Tallahassee. Staff of the
1985	commission shall schedule and organize the initial meeting.
1986	Subsequent meetings of the study commission must be held in
1987	Tallahassee according to a schedule developed by the chair.
1988	(b)  At the initial meeting, the study commission shall
1989	elect a chair from one of the elected official members.
1990	(5)  The study commission must submit a final report
1991	setting forth its findings and recommendations to the Governor,
1992	the President of the Senate, and the Speaker of the House of
1993	Representatives on or before January 1, 2006.
1994	(6)  Members of the study commission shall serve without
1995	compensation but are entitled to be reimbursed for per diem and
1996	travel expenses under section 112.061, Florida Statutes.
1997	(7)  The study commission terminates after submitting its
1998	final report but not later than February 15, 2006.
1999	Section 58.  Subsections (8), (10), and (29) of section
2000	322.01, Florida Statutes, are amended to read:
2001	322.01  Definitions.--As used in this chapter:
2002	(8)  "Commercial motor vehicle" means any motor vehicle or
2003	motor vehicle combination used on the streets or highways,
2004	which:
2005	(a)  Has a gross vehicle weight rating of 26,001 pounds or
2006	more;
2007	(b)  Has a declared weight of 26,001 pounds or more;
2008	(c)  Has an actual weight of 26,001 pounds or more;
2009	(b)(d)  Is designed to transport more than 15 persons,
2010	including the driver; or
2011	(c)(e)  Is transporting hazardous materials and is required
2012	to be placarded in accordance with Title 49 C.F.R. part 172,
2013	subpart F.
2014	(10)(a)  "Conviction" means a conviction of an offense
2015	relating to the operation of motor vehicles on highways which is
2016	a violation of this chapter or any other such law of this state
2017	or any other state, including an admission or determination of a
2018	noncriminal traffic infraction pursuant to s. 318.14, or a
2019	judicial disposition of an offense committed under any federal
2020	law substantially conforming to the aforesaid state statutory
2021	provisions.
2022	(b)  Notwithstanding any other provisions of this chapter,
2023	the definition of "conviction" provided in 49 C.F.R. part 383.5
2024	applies to offenses committed in a commercial motor vehicle.
2025	(29)  "Out-of-service order" means a prohibition issued by
2026	an authorized local, state, or Federal Government official which
2027	that precludes a person from driving a commercial motor vehicle
2028	for a period of 72 hours or less.
2029	Section 59.  Subsections (4) and (10) of section 322.05,
2030	Florida Statutes, are amended to read:
2031	322.05  Persons not to be licensed.--The department may not
2032	issue a license:
2033	(4)  Except as provided by this subsection, to any person,
2034	as a Class A licensee, Class B licensee, or Class C licensee, or
2035	Class D licensee, who is under the age of 18 years. A person age
2036	16 or 17 years who applies for a Class D driver's license is
2037	subject to all the requirements and provisions of paragraphs
2038	(2)(a) and (b) and ss. 322.09 and 322.16(2) and (3). The
2039	department may require of any such applicant for a Class D
2040	driver's license such examination of the qualifications of the
2041	applicant as the department considers proper, and the department
2042	may limit the use of any license granted as it considers proper.
2043	(10)  To any person, when the department has good cause to
2044	believe that the operation of a motor vehicle on the highways by
2045	such person would be detrimental to public safety or welfare.
2046	Deafness alone shall not prevent the person afflicted from being
2047	issued a Class D or Class E driver's license.
2048	Section 60.  Paragraph (a) of subsection (1) and paragraphs
2049	(b) and (c) of subsection (2) of section 322.051, Florida
2050	Statutes, are amended, and subsection (8) is added to that
2051	section, to read:
2052	322.051  Identification cards.--
2053	(1)  Any person who is 12 years of age or older, or any
2054	person who has a disability, regardless of age, who applies for
2055	a disabled parking permit under s. 320.0848, may be issued an
2056	identification card by the department upon completion of an
2057	application and payment of an application fee.
2058	(a)  Each such application shall include the following
2059	information regarding the applicant:
2060	1.  Full name (first, middle or maiden, and last), gender,
2061	social security card number, county of residence and mailing
2062	address, country of birth, and a brief description.
2063	2.  Proof of birth date satisfactory to the department.
2064	3.  Proof of identity satisfactory to the department. Such
2065	proof must include one of the following documents issued to the
2066	applicant:
2067	a.  A driver's license record or identification card record
2068	from another jurisdiction that required the applicant to submit
2069	a document for identification which is substantially similar to
2070	a document required under sub-subparagraph b., sub-subparagraph
2071	c., sub-subparagraph d., sub-subparagraph e., or sub-
2072	subparagraph f., or sub-subparagraph g.;
2073	b.  A certified copy of a United States birth certificate;
2074	c.  A valid United States passport;
2075	d.  A naturalization certificate issued by the United
2076	States Department of Homeland Security;
2077	e.d.  An alien registration receipt card (green card);
2078	f.e.  An employment authorization card issued by the United
2079	States Department of Homeland Security; or
2080	g.f.  Proof of nonimmigrant classification provided by the
2081	United States Department of Homeland Security, for an original
2082	identification card. In order to prove such nonimmigrant
2083	classification, applicants may produce but are not limited to
2084	the following documents:
2085	(I)  A notice of hearing from an immigration court
2086	scheduling a hearing on any proceeding.
2087	(II)  A notice from the Board of Immigration Appeals
2088	acknowledging pendency of an appeal.
2089	(III)  Notice of the approval of an application for
2090	adjustment of status issued by the United States Bureau of
2091	Citizenship and Immigration Services.
2092	(IV)  Any official documentation confirming the filing of a
2093	petition for asylum status or any other relief issued by the
2094	United States Bureau of Citizenship and Immigration Services.
2095	(V)  Notice of action transferring any pending matter from
2096	another jurisdiction to Florida, issued by the United States
2097	Bureau of Citizenship and Immigration Services.
2098	(VI)  Order of an immigration judge or immigration officer
2099	granting any relief that authorizes the alien to live and work
2100	in the United States including, but not limited to asylum.
2101
2102	Presentation of any of the foregoing documents described in sub-
2103	subparagraph f. or sub-subparagraph g. entitles shall entitle
2104	the applicant to an identification card a driver's license or
2105	temporary permit for a period not to exceed the expiration date
2106	of the document presented or 2 years, whichever first occurs.
2107	(2)
2108	(b)  Notwithstanding any other provision of this chapter,
2109	if an applicant establishes his or her identity for an
2110	identification card using a document authorized under sub-
2111	subparagraph (1)(a)3.e. (1)(a)3.d., the identification card
2112	shall expire on the fourth birthday of the applicant following
2113	the date of original issue or upon first renewal or duplicate
2114	issued after implementation of this section. After an initial
2115	showing of such documentation, he or she is exempted from having
2116	to renew or obtain a duplicate in person.
2117	(c)  Notwithstanding any other provisions of this chapter,
2118	if an applicant establishes his or her identity for an
2119	identification card using an identification document authorized
2120	under sub-subparagraph (1)(a)3.f. or sub-subparagraph (1)(a)3.g.
2121	sub-subparagraphs (1)(a)3.e.-f., the identification card shall
2122	expire 2 years after the date of issuance or upon the expiration
2123	date cited on the United States Department of Homeland Security
2124	documents, whichever date first occurs, and may not be renewed
2125	or obtain a duplicate except in person.
2126	(8)  The department shall, upon receipt of the required
2127	fee, issue to each qualified applicant for an identification
2128	card a color photographic or digital image identification card
2129	bearing a fullface photograph or digital image of the
2130	identification cardholder. Notwithstanding chapter 761 or s.
2131	761.05, the requirement for a fullface photograph or digital
2132	image of the identification cardholder may not be waived. A
2133	space shall be provided upon which the identification cardholder
2134	shall affix his or her usual signature, as required in s.
2135	322.14, in the presence of an authorized agent of the department
2136	so as to ensure that such signature becomes a part of the
2137	identification card.
2138	Section 61.  Subsections (2) and (3) of section 322.07,
2139	Florida Statutes, are amended to read:
2140	322.07  Instruction permits and temporary licenses.--
2141	(2)  The department may, in its discretion, issue a
2142	temporary permit to an applicant for a Class D or Class E
2143	driver's license permitting him or her to operate a motor
2144	vehicle of the type for which a Class D or Class E driver's
2145	license is required while the department is completing its
2146	investigation and determination of all facts relative to such
2147	applicant's right to receive a driver's license. Such permit
2148	must be in his or her immediate possession while operating a
2149	motor vehicle, and it shall be invalid when the applicant's
2150	license has been issued or for good cause has been refused.
2151	(3)  Any person who, except for his or her lack of
2152	instruction in operating a Class D or commercial motor vehicle,
2153	would otherwise be qualified to obtain a Class D or commercial
2154	driver's license under this chapter, may apply for a temporary
2155	Class D or temporary commercial instruction permit. The
2156	department shall issue such a permit entitling the applicant,
2157	while having the permit in his or her immediate possession, to
2158	drive a Class D or commercial motor vehicle on the highways,
2159	provided that:
2160	(a)  The applicant possesses a valid driver's license
2161	issued in any state; and
2162	(b)  The applicant, while operating a Class D or commercial
2163	motor vehicle, is accompanied by a licensed driver who is 21
2164	years of age or older, who is licensed to operate the class of
2165	vehicle being operated, and who is actually occupying the
2166	closest seat to the right of the driver.
2167	Section 62.  Subsection (2) and paragraph (d) of subsection
2168	(6) of section 322.08, Florida Statutes, are amended to read:
2169	322.08  Application for license.--
2170	(2)  Each such application shall include the following
2171	information regarding the applicant:
2172	(a)  Full name (first, middle or maiden, and last), gender,
2173	social security card number, county of residence and mailing
2174	address, country of birth, and a brief description.
2175	(b)  Proof of birth date satisfactory to the department.
2176	(c)  Proof of identity satisfactory to the department. Such
2177	proof must include one of the following documents issued to the
2178	applicant:
2179	1.  A driver's license record or identification card record
2180	from another jurisdiction that required the applicant to submit
2181	a document for identification which is substantially similar to
2182	a document required under subparagraph 2., subparagraph 3.,
2183	subparagraph 4., subparagraph 5., or subparagraph 6., or
2184	subparagraph 7.;
2185	2.  A certified copy of a United States birth certificate;
2186	3.  A valid United States passport;
2187	4.  A naturalization certificate issued by the United
2188	States Department of Homeland Security;
2189	5.4.  An alien registration receipt card (green card);
2190	6.5.  An employment authorization card issued by the United
2191	States Department of Homeland Security; or
2192	7.6.  Proof of nonimmigrant classification provided by the
2193	United States Department of Homeland Security, for an original
2194	driver's license. In order to prove nonimmigrant classification,
2195	an applicant may produce the following documents, including, but
2196	not limited to:
2197	a.  A notice of hearing from an immigration court
2198	scheduling a hearing on any proceeding.
2199	b.  A notice from the Board of Immigration Appeals
2200	acknowledging pendency of an appeal.
2201	c.  A notice of the approval of an application for
2202	adjustment of status issued by the United States Immigration and
2203	Naturalization Service.
2204	d.  Any official documentation confirming the filing of a
2205	petition for asylum status or any other relief issued by the
2206	United States Immigration and Naturalization Service.
2207	e.  A notice of action transferring any pending matter from
2208	another jurisdiction to this state issued by the United States
2209	Immigration and Naturalization Service.
2210	f.  An order of an immigration judge or immigration officer
2211	granting any relief that authorizes the alien to live and work
2212	in the United States, including, but not limited to, asylum.
2213
2214	Presentation of any of the documents in subparagraph 6. or
2215	subparagraph 7. entitles the applicant to a driver's license or
2216	temporary permit for a period not to exceed the expiration date
2217	of the document presented or 2 years, whichever occurs first.
2218	(d)  Whether the applicant has previously been licensed to
2219	drive, and, if so, when and by what state, and whether any such
2220	license or driving privilege has ever been disqualified,
2221	revoked, or suspended, or whether an application has ever been
2222	refused, and, if so, the date of and reason for such
2223	disqualification, suspension, revocation, or refusal.
2224	(e)  Each such application may include fingerprints and
2225	other unique biometric means of identity.
2226	(6)  The application form for a driver's license or
2227	duplicate thereof shall include language permitting the
2228	following:
2229	(d)  A voluntary contribution of $2 per applicant, which
2230	shall be distributed to the Hearing Research Institute,
2231	Incorporated, for the purpose of infant hearing screening in
2232	Florida.
2233
2234	A statement providing an explanation of the purpose of the trust
2235	funds shall also be included. For the purpose of applying the
2236	service charge provided in s. 215.20, contributions received
2237	under paragraphs (c), (d), and (e) and under s. 322.18(9)(a) are
2238	not income of a revenue nature.
2239	Section 63.  Paragraph (a) of subsection (1) of section
2240	322.09, Florida Statutes, is amended to read:
2241	322.09  Application of minors; responsibility for
2242	negligence or misconduct of minor.--
2243	(1)(a)  The application of any person under the age of 18
2244	years for a driver's license must be signed and verified before
2245	a person authorized to administer oaths by the father, mother,
2246	or guardian; by a secondary guardian if the primary guardian
2247	dies before the minor reaches 18 years of age;, or, if there is
2248	no parent or guardian, by another responsible adult who is
2249	willing to assume the obligation imposed under this chapter upon
2250	a person signing the application of a minor. This section does
2251	not apply to a person under the age of 18 years who is
2252	emancipated by marriage.
2253	Section 64.  Section 322.11, Florida Statutes, is amended
2254	to read:
2255	322.11  Revocation of license upon death of person signing
2256	minor's application.--The department, upon receipt of
2257	satisfactory evidence of the death of the person who signed the
2258	application of a minor for a license, shall, 90 days after
2259	giving written notice to the minor, cancel such license and may
2260	shall not issue a new license until such time as the new
2261	application, duly signed and verified, is made as required by
2262	this chapter. This provision does shall not apply if in the
2263	event the minor has attained the age of 18 years.
2264	Section 65.  Subsection (3) of section 322.12, Florida
2265	Statutes, is amended to read:
2266	322.12  Examination of applicants.--
2267	(3)  For an applicant for a Class D or a Class E driver's
2268	license, such examination shall include a test of the
2269	applicant's eyesight given by the driver's license examiner
2270	designated by the department or by a licensed ophthalmologist,
2271	optometrist, or physician and a test of the applicant's hearing
2272	given by a driver's license examiner or a licensed physician.
2273	The examination shall also include a test of the applicant's
2274	ability to read and understand highway signs regulating,
2275	warning, and directing traffic; his or her knowledge of the
2276	traffic laws of this state, including laws regulating driving
2277	under the influence of alcohol or controlled substances, driving
2278	with an unlawful blood-alcohol level, and driving while
2279	intoxicated; and his or her knowledge of the effects of alcohol
2280	and controlled substances upon persons and the dangers of
2281	driving a motor vehicle while under the influence of alcohol or
2282	controlled substances and shall include an actual demonstration
2283	of ability to exercise ordinary and reasonable control in the
2284	operation of a motor vehicle.
2285	Section 66.  Paragraph (c) of subsection (1) and subsection
2286	(4) of section 322.135, Florida Statutes, are amended, and
2287	subsection (9) is added to that section, to read:
2288	322.135  Driver's license agents.--
2289	(1)  The department may, upon application, authorize any or
2290	all of the tax collectors in the several counties of the state,
2291	subject to the requirements of law, in accordance with rules of
2292	the department, to serve as its agent for the provision of
2293	specified driver's license services.
2294	(c)  A fee of $5.25 is to be charged, in addition to the
2295	fees set forth in this chapter, for any driver's license issued
2296	or renewed by a tax collector. One dollar of the $5.25 fee must
2297	be deposited into the Highway Safety Operating Trust Fund.
2298	(4)  A tax collector may not issue or renew a driver's
2299	license if he or she has any reason to believe that the licensee
2300	or prospective licensee is physically or mentally unqualified to
2301	operate a motor vehicle. The tax collector may shall direct any
2302	such licensee to the department for examination or reexamination
2303	under s. 322.221.
2304	(9)  Notwithstanding chapter 116, each county officer
2305	within this state who is authorized to collect funds provided
2306	for in this chapter shall pay all sums officially received by
2307	the officer into the State Treasury no later than 5 working days
2308	after the close of the business day in which the officer
2309	received the funds. Payment by county officers to the state
2310	shall be made by means of electronic funds transfers.
2311	Section 67.  Subsection (1) of section 322.142, Florida
2312	Statutes, is amended to read:
2313	322.142  Color photographic or digital imaged licenses.--
2314	(1)  The department shall, upon receipt of the required
2315	fee, issue to each qualified applicant for a an original
2316	driver's license a color photographic or digital imaged driver's
2317	license bearing a fullface photograph or digital image of the
2318	licensee. Notwithstanding chapter 761 or s. 761.05, the
2319	requirement for a fullface photograph or digital image of the
2320	licensee may not be waived. A space shall be provided upon which
2321	the licensee shall affix his or her usual signature, as required
2322	in s. 322.14, in the presence of an authorized agent of the
2323	department so as to ensure that such signature becomes a part of
2324	the license.
2325	Section 68.  Section 322.161, Florida Statutes, is amended
2326	to read:
2327	322.161  High-risk drivers; restricted licenses.--
2328	(1)(a)  Notwithstanding any provision of law to the
2329	contrary, the department shall restrict the driving privilege of
2330	any Class D or Class E licensee who is age 15 through 17 and who
2331	has accumulated six or more points pursuant to s. 318.14,
2332	excluding parking violations, within a 12-month period.
2333	(2)(a)  Any Class E licensee who is age 15 through 17 and
2334	who has accumulated six or more points pursuant to s. 318.14,
2335	excluding parking violations, within a 12-month period shall not
2336	be eligible to obtain a Class D license for a period of no less
2337	than 1 year. The period of ineligibility shall begin on the date
2338	of conviction for the violation that results in the licensee's
2339	accumulation of six or more points.
2340	(b)  The period of ineligibility shall automatically expire
2341	after 1 year if the licensee does not accumulate any additional
2342	points. If the licensee accumulates any additional points, then
2343	the period of ineligibility shall be extended 90 days for each
2344	point. The period of ineligibility shall also automatically
2345	expire upon the licensee's 18th birthday if no other grounds for
2346	ineligibility exist.
2347	(2)(3)  Any action taken by the department pursuant to this
2348	section shall not be subject to any formal or informal
2349	administrative hearing or similar administrative procedure.
2350	(3)(4)  The department shall adopt rules to carry out the
2351	purposes of this section.
2352	Section 69.  Subsection (3) of section 322.17, Florida
2353	Statutes, is amended to read:
2354	322.17  Duplicate and replacement certificates.--
2355	(3)  Notwithstanding any other provisions of this chapter,
2356	if a licensee establishes his or her identity for a driver's
2357	license using an identification document authorized under s.
2358	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2359	obtain a duplicate or replacement instruction permit or driver's
2360	license except in person and upon submission of an
2361	identification document authorized under s. 322.08(2)(c)6. or 7
2362	s. 322.08(2)(c)5.-6.
2363	Section 70.  Subsections (2) and (4) of section 322.18,
2364	Florida Statutes, are amended to read:
2365	322.18  Original applications, licenses, and renewals;
2366	expiration of licenses; delinquent licenses.--
2367	(2)  Each applicant who is entitled to the issuance of a
2368	driver's license, as provided in this section, shall be issued a
2369	driver's license, as follows:
2370	(a)  An applicant applying for an original issuance shall
2371	be issued a driver's license which expires at midnight on the
2372	licensee's birthday which next occurs on or after the sixth
2373	anniversary of the date of issue.
2374	(b)  An applicant applying for a renewal issuance or
2375	renewal extension shall be issued a driver's license or renewal
2376	extension sticker which expires at midnight on the licensee's
2377	birthday which next occurs 4 years after the month of expiration
2378	of the license being renewed, except that a driver whose driving
2379	record reflects no convictions for the preceding 3 years shall
2380	be issued a driver's license or renewal extension sticker which
2381	expires at midnight on the licensee's birthday which next occurs
2382	6 years after the month of expiration of the license being
2383	renewed.
2384	(c)  Notwithstanding any other provision of this chapter,
2385	if an applicant establishes his or her identity for a driver's
2386	license using a document authorized under s. 322.08(2)(c)5. s.
2387	322.08(2)(c)4., the driver's license shall expire in accordance
2388	with paragraph (b). After an initial showing of such
2389	documentation, he or she is exempted from having to renew or
2390	obtain a duplicate in person.
2391	(d)  Notwithstanding any other provision of this chapter,
2392	if applicant establishes his or her identity for a driver's
2393	license using a document authorized in s. 322.08(2)(c)6. or 7.
2394	s. 322.08(2)(c)5. or 6., the driver's license shall expire 2 4
2395	years after the date of issuance or upon the expiration date
2396	cited on the United States Department of Homeland Security
2397	documents, whichever date first occurs.
2398	(e)  Notwithstanding any other provision of this chapter,
2399	an applicant applying for an original or renewal issuance of a
2400	commercial driver's license as defined in s. 322.01(7), with a
2401	hazardous-materials endorsement, pursuant to s. 322.57(1)(e),
2402	shall be issued a driver's license that expires at midnight on
2403	the licensee's birthday that next occurs 4 years after the month
2404	of expiration of the license being issued or renewed.
2405	(4)(a)  Except as otherwise provided in this chapter, all
2406	licenses shall be renewable every 4 years or 6 years, depending
2407	upon the terms of issuance and shall be issued or extended upon
2408	application, payment of the fees required by s. 322.21, and
2409	successful passage of any required examination, unless the
2410	department has reason to believe that the licensee is no longer
2411	qualified to receive a license.
2412	(b)  Notwithstanding any other provision of this chapter,
2413	if an applicant establishes his or her identity for a driver's
2414	license using a document authorized under s. 322.08(2)(c)5. s.
2415	322.08(2)(c)4., the license, upon an initial showing of such
2416	documentation, is exempted from having to renew or obtain a
2417	duplicate in person, unless the renewal or duplication coincides
2418	with the periodic reexamination of a driver as required pursuant
2419	to s. 322.121.
2420	(c)  Notwithstanding any other provision of this chapter,
2421	if a licensee establishes his or her identity for a driver's
2422	license using an identification document authorized under s.
2423	322.08(2)(c)6. or 7. s. 322.08(2)(c)5. or 6., the licensee may
2424	not renew the driver's license except in person and upon
2425	submission of an identification document authorized under s.
2426	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6. A driver's license
2427	renewed under this paragraph expires 4 years after the date of
2428	issuance or upon the expiration date cited on the United States
2429	Department of Homeland Security documents, whichever date first
2430	occurs.
2431	Section 71.  Subsection (4) of section 322.19, Florida
2432	Statutes, is amended to read:
2433	322.19  Change of address or name.--
2434	(4)  Notwithstanding any other provision of this chapter,
2435	if a licensee established his or her identity for a driver's
2436	license using an identification document authorized under s.
2437	322.08(2)(c)6. or 7. s. 322.08(2)(c)5.-6., the licensee may not
2438	change his or her name or address except in person and upon
2439	submission of an identification document authorized under s.
2440	322.08(2)(c)6. or 7 s. 322.08(2)(c)4.-6.
2441	Section 72.  Subsection (1) of section 322.21, Florida
2442	Statutes, is amended to read:
2443	322.21  License fees; procedure for handling and collecting
2444	fees.--
2445	(1)  Except as otherwise provided herein, the fee for:
2446	(a)  An original or renewal commercial driver's license is
2447	$50, which shall include the fee for driver education provided
2448	by s. 1003.48; however, if an applicant has completed training
2449	and is applying for employment or is currently employed in a
2450	public or nonpublic school system that requires the commercial
2451	license, the fee shall be the same as for a Class E driver's
2452	license. A delinquent fee of $1 shall be added for a renewal
2453	made not more than 12 months after the license expiration date.
2454	(b)  An original Class D or Class E driver's license is
2455	$20, which shall include the fee for driver's education provided
2456	by s. 1003.48; however, if an applicant has completed training
2457	and is applying for employment or is currently employed in a
2458	public or nonpublic school system that requires a commercial
2459	driver license, the fee shall be the same as for a Class E
2460	license.
2461	(c)  The renewal or extension of a Class D or Class E
2462	driver's license or of a license restricted to motorcycle use
2463	only is $15, except that a delinquent fee of $1 shall be added
2464	for a renewal or extension made not more than 12 months after
2465	the license expiration date. The fee provided in this paragraph
2466	shall include the fee for driver's education provided by s.
2467	1003.48.
2468	(d)  An original driver's license restricted to motorcycle
2469	use only is $20, which shall include the fee for driver's
2470	education provided by s. 1003.48.
2471	(e)  Each endorsement required by s. 322.57 is $5.
2472	(f)  A hazardous-materials endorsement, as required by s.
2473	322.57(1)(e), shall be set by the department by rule and shall
2474	reflect the cost of the required criminal history check,
2475	including the cost of the state and federal fingerprint check,
2476	and the cost to the department of providing and issuing the
2477	license. The fee shall not exceed $100. This fee shall be
2478	deposited in the Highway Safety Operating Trust Fund. The
2479	department may adopt rules pursuant to ss. 120.536(1) and 120.54
2480	to administer the provisions of this paragraph.
2481	Section 73.  Present subsection (7) of section 322.212,
2482	Florida Statutes, is redesignated as subsection (8), and a new
2483	subsection (7) is added to that section to read:
2484	322.212  Unauthorized possession of, and other unlawful
2485	acts in relation to, driver's license or identification card.--
2486	(7)  In addition to any other penalties provided by this
2487	section, any person who provides false information when applying
2488	for a commercial driver's license shall be disqualified from
2489	operating a commercial motor vehicle for a period of 60 days.
2490	Section 74.  Subsection (1) of section 322.22, Florida
2491	Statutes, is amended to read:
2492	322.22  Authority of department to cancel license.--
2493	(1)  The department is authorized to cancel any driver's
2494	license, upon determining that the licensee was not entitled to
2495	the issuance thereof, or that the licensee failed to give the
2496	required or correct information in his or her application or
2497	committed any fraud in making such application, or that the
2498	licensee has two or more licenses on file with the department,
2499	each in a different name but bearing the photograph of the
2500	licensee, unless the licensee has complied with the requirements
2501	of this chapter in obtaining the licenses. The department may
2502	cancel any driver's license, identification card, vehicle or
2503	vessel registration, or fuel-use decal if the licensee fails to
2504	pay the correct fee or pays for the driver's license,
2505	identification card, vehicle or vessel registration, or fuel-use
2506	decal; pays any tax liability, penalty, or interest specified in
2507	chapter 207; or pays any administrative, delinquency, or
2508	reinstatement fee by a dishonored check.
2509	Section 75.  Subsections (4) and (5) of section 322.251,
2510	Florida Statutes, are amended to read:
2511	322.251  Notice of cancellation, suspension, revocation, or
2512	disqualification of license.--
2513	(4)  A person whose privilege to operate a commercial motor
2514	vehicle is temporarily disqualified may, upon surrendering his
2515	or her commercial driver's license, be issued a Class D or Class
2516	E driver's license, valid for the length of his or her unexpired
2517	commercial driver's license, at no cost. Such person may, upon
2518	the completion of his or her disqualification, be issued a
2519	commercial driver's license, of the type disqualified, for the
2520	remainder of his or her unexpired license period. Any such
2521	person shall pay the reinstatement fee provided in s. 322.21
2522	before being issued a commercial driver's license.
2523	(5)  A person whose privilege to operate a commercial motor
2524	vehicle is permanently disqualified may, upon surrendering his
2525	or her commercial driver's license, be issued a Class D or Class
2526	E driver's license, if he or she is otherwise qualified to
2527	receive such license. Any such person shall be issued a Class D
2528	or Class E license, valid for the remainder of his or her
2529	unexpired license period, at no cost.
2530	Section 76.  Paragraph (b) of subsection (1), paragraph (a)
2531	of subsection (7), paragraph (b) of subsection (10), and
2532	subsection (11) of section 322.2615, Florida Statutes, are
2533	amended to read:
2534	322.2615  Suspension of license; right to review.--
2535	(1)
2536	(b)  The suspension under paragraph (a) shall be pursuant
2537	to, and the notice of suspension shall inform the driver of, the
2538	following:
2539	1.a.  The driver refused to submit to a lawful breath,
2540	blood, or urine test and his or her driving privilege is
2541	suspended for a period of 1 year for a first refusal or for a
2542	period of 18 months if his or her driving privilege has been
2543	previously suspended as a result of a refusal to submit to such
2544	a test; or
2545	b.  The driver violated s. 316.193 by driving with an
2546	unlawful blood-alcohol level or breath-alcohol level as provided
2547	in that section and his or her driving privilege is suspended
2548	for a period of 6 months for a first offense or for a period of
2549	1 year if his or her driving privilege has been previously
2550	suspended for a violation of s. 316.193.
2551	2.  The suspension period shall commence on the date of
2552	arrest or issuance of the notice of suspension, whichever is
2553	later.
2554	3.  The driver may request a formal or informal review of
2555	the suspension by the department within 10 days after the date
2556	of arrest or issuance of the notice of suspension, whichever is
2557	later.
2558	4.  The temporary permit issued at the time of arrest will
2559	expire at midnight of the 10th day following the date of arrest
2560	or issuance of the notice of suspension, whichever is later.
2561	5.  The driver may submit to the department any materials
2562	relevant to the arrest.
2563	(7)  In a formal review hearing under subsection (6) or an
2564	informal review hearing under subsection (4), the hearing
2565	officer shall determine by a preponderance of the evidence
2566	whether sufficient cause exists to sustain, amend, or invalidate
2567	the suspension. The scope of the review shall be limited to the
2568	following issues:
2569	(a)  If the license was suspended for driving with an
2570	unlawful blood-alcohol level or breath-alcohol level in
2571	violation of s. 316.193:
2572	1.  Whether the arresting law enforcement officer had
2573	probable cause to believe that the person was driving or in
2574	actual physical control of a motor vehicle in this state while
2575	under the influence of alcoholic beverages or controlled
2576	substances.
2577	2.  Whether the person was placed under lawful arrest for a
2578	violation of s. 316.193.
2579	3.  Whether the person had an unlawful blood-alcohol level
2580	or breath-alcohol level as provided in s. 316.193.
2581	(10)  A person whose driver's license is suspended under
2582	subsection (1) or subsection (3) may apply for issuance of a
2583	license for business or employment purposes only if the person
2584	is otherwise eligible for the driving privilege pursuant to s.
2585	322.271.
2586	(b)  If the suspension of the driver's license of the
2587	person arrested for a violation of s. 316.193, relating to
2588	unlawful blood-alcohol level or breath-alcohol level, is
2589	sustained, the person is not eligible to receive a license for
2590	business or employment purposes only pursuant to s. 322.271
2591	until 30 days have elapsed after the expiration of the last
2592	temporary permit issued. If the driver is not issued a 10-day
2593	permit pursuant to this section or s. 322.64 because he or she
2594	is ineligible for the permit and the suspension for a violation
2595	of s. 316.193, relating to unlawful blood-alcohol level, is not
2596	invalidated by the department, the driver is not eligible to
2597	receive a business or employment license pursuant to s. 322.271
2598	until 30 days have elapsed from the date of the arrest.
2599	(11)  The formal review hearing may be conducted upon a
2600	review of the reports of a law enforcement officer or a
2601	correctional officer, including documents relating to the
2602	administration of a breath test or blood test or the refusal to
2603	take either test or the refusal to take a urine test. However,
2604	as provided in subsection (6), the driver may subpoena the
2605	officer or any person who administered or analyzed a breath or
2606	blood test.
2607	Section 77.  Paragraph (d) of subsection (3) of section
2608	322.27, Florida Statutes, is amended to read:
2609	322.27  Authority of department to suspend or revoke
2610	license.--
2611	(3)  There is established a point system for evaluation of
2612	convictions of violations of motor vehicle laws or ordinances,
2613	and violations of applicable provisions of s. 403.413(6)(b) when
2614	such violations involve the use of motor vehicles, for the
2615	determination of the continuing qualification of any person to
2616	operate a motor vehicle. The department is authorized to suspend
2617	the license of any person upon showing of its records or other
2618	good and sufficient evidence that the licensee has been
2619	convicted of violation of motor vehicle laws or ordinances, or
2620	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2621	more points as determined by the point system. The suspension
2622	shall be for a period of not more than 1 year.
2623	(d)  The point system shall have as its basic element a
2624	graduated scale of points assigning relative values to
2625	convictions of the following violations:
2626	1.  Reckless driving, willful and wanton--4 points.
2627	2.  Leaving the scene of a crash resulting in property
2628	damage of more than $50--6 points.
2629	3.  Unlawful speed resulting in a crash--6 points.
2630	4.  Passing a stopped school bus--4 points.
2631	5.  Unlawful speed:
2632	a.  Not in excess of 15 miles per hour of lawful or posted
2633	speed--3 points.
2634	b.  In excess of 15 miles per hour of lawful or posted
2635	speed--4 points.
2636	6.  All other moving violations (including parking on a
2637	highway outside the limits of a municipality)--3 points.
2638	However, no points shall be imposed for a violation of s.
2639	316.0741 or s. 316.2065(12).
2640	7.  Any moving violation covered above, excluding unlawful
2641	speed, resulting in a crash--4 points.
2642	8.  Any conviction under s. 403.413(6)(5)(b)--3 points.
2643	Section 78.  Effective October 1, 2005, paragraph (d) of
2644	subsection (3) of section 322.27, Florida Statutes, as amended
2645	by this act, is amended to read:
2646	322.27  Authority of department to suspend or revoke
2647	license.--
2648	(3)  There is established a point system for evaluation of
2649	convictions of violations of motor vehicle laws or ordinances,
2650	and violations of applicable provisions of s. 403.413(6)(b) when
2651	such violations involve the use of motor vehicles, for the
2652	determination of the continuing qualification of any person to
2653	operate a motor vehicle. The department is authorized to suspend
2654	the license of any person upon showing of its records or other
2655	good and sufficient evidence that the licensee has been
2656	convicted of violation of motor vehicle laws or ordinances, or
2657	applicable provisions of s. 403.413(6)(b), amounting to 12 or
2658	more points as determined by the point system. The suspension
2659	shall be for a period of not more than 1 year.
2660	(d)  The point system shall have as its basic element a
2661	graduated scale of points assigning relative values to
2662	convictions of the following violations:
2663	1.  Reckless driving, willful and wanton--4 points.
2664	2.  Leaving the scene of a crash resulting in property
2665	damage of more than $50--6 points.
2666	3.  Unlawful speed resulting in a crash--6 points.
2667	4.  Violation of a traffic control device as provided in s.
2668	316.074(1) or a traffic control signal device as provided in s.
2669	316.075(1)(c)1., resulting in a crash that causes serious bodily
2670	injury of another as defined in s. 316.1933(1)--6 points.
2671	5.4.  Passing a stopped school bus--4 points.
2672	6.5.  Unlawful speed:
2673	a.  Not in excess of 15 miles per hour of lawful or posted
2674	speed--3 points.
2675	b.  In excess of 15 miles per hour of lawful or posted
2676	speed--4 points.
2677	7.6.  All other moving violations (including parking on a
2678	highway outside the limits of a municipality)--3 points.
2679	However, no points shall be imposed for a violation of s.
2680	316.0741 or s. 316.2065(12).
2681	8.7.  Any moving violation covered above, excluding
2682	unlawful speed, resulting in a crash--4 points.
2683	9.8.  Any conviction under s. 403.413(6)(b)--3 points.
2684	Section 79.  Section 322.30, Florida Statutes, is amended
2685	to read:
2686	322.30  No operation under foreign license during
2687	suspension, revocation, or disqualification in this state.--
2688	(1)  Any resident or nonresident whose driver's license or
2689	right or privilege to operate a motor vehicle in this state has
2690	been suspended, revoked, or disqualified as provided in this
2691	chapter, shall not operate a motor vehicle in this state under a
2692	license, permit, or registration certificate issued by any other
2693	jurisdiction or otherwise during such suspension, revocation, or
2694	disqualification until a new license is obtained.
2695	(2)  Notwithstanding subsection (1), any commercial motor
2696	vehicle operator whose privilege to operate such vehicle is
2697	disqualified may operate a motor vehicle in this state as a
2698	Class D or Class E licensee, if authorized by this chapter.
2699	Section 80.  Paragraph (b) of subsection (2) and
2700	subsections (4), (5), and (6) of section 322.53, Florida
2701	Statutes, are amended to read:
2702	322.53  License required; exemptions.--
2703	(2)  The following persons are exempt from the requirement
2704	to obtain a commercial driver's license:
2705	(b)  Military personnel driving military vehicles operated
2706	for military purposes.
2707	(4)  A resident who is exempt from obtaining a commercial
2708	driver's license pursuant to paragraph (2)(a) or paragraph
2709	(2)(c) and who drives a commercial motor vehicle must obtain a
2710	Class D driver's license endorsed to authorize the operation of
2711	the particular type of vehicle for which his or her exemption is
2712	granted.
2713	(4)(5)  A resident who is exempt from obtaining a
2714	commercial driver's license pursuant to paragraph (2)(b),
2715	paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may
2716	drive a commercial motor vehicle pursuant to the exemption
2717	granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e),
2718	or paragraph (2)(f) if he or she possesses a valid Class D or
2719	Class E driver's license or a military license.
2720	(5)(6)  The department shall adopt rules and enter into
2721	necessary agreements with other jurisdictions to provide for the
2722	operation of commercial vehicles by nonresidents pursuant to the
2723	exemption granted in subsection (2).
2724	Section 81.  Subsection (2) of section 322.54, Florida
2725	Statutes, is amended to read:
2726	322.54  Classification.--
2727	(2)  The department shall issue, pursuant to the
2728	requirements of this chapter, drivers' licenses in accordance
2729	with the following classifications:
2730	(a)  Any person who drives a motor vehicle combination
2731	having a gross vehicle weight rating, a declared weight, or an
2732	actual weight, whichever is greatest, of 26,001 pounds or more
2733	must possess a valid Class A driver's license, provided the
2734	gross vehicle weight rating, declared weight, or actual weight,
2735	whichever is greatest, of the vehicle being towed is more than
2736	10,000 pounds. Any person who possesses a valid Class A driver's
2737	license may, subject to the appropriate restrictions and
2738	endorsements, drive any class of motor vehicle within this
2739	state.
2740	(b)  Any person, except a person who possesses a valid
2741	Class A driver's license, who drives a motor vehicle having a
2742	gross vehicle weight rating, a declared weight, or an actual
2743	weight, whichever is greatest, of 26,001 pounds or more must
2744	possess a valid Class B driver's license. Any person, except a
2745	person who possesses a valid Class A driver's license, who
2746	drives such vehicle towing a vehicle having a gross vehicle
2747	weight rating, a declared weight, or an actual weight, whichever
2748	is greatest, of 10,000 pounds or less must possess a valid Class
2749	B driver's license. Any person who possesses a valid Class B
2750	driver's license may, subject to the appropriate restrictions
2751	and endorsements, drive any class of motor vehicle, other than
2752	the type of motor vehicle for which a Class A driver's license
2753	is required, within this state.
2754	(c)  Any person, except a person who possesses a valid
2755	Class A or a valid Class B driver's license, who drives a motor
2756	vehicle combination having a gross vehicle weight rating, a
2757	declared weight, or an actual weight, whichever is greatest, of
2758	26,001 pounds or more must possess a valid Class C driver's
2759	license. Any person, except a person who possesses a valid Class
2760	A or a valid Class B driver's license, who drives a motor
2761	vehicle combination having a gross vehicle weight rating, a
2762	declared weight, or an actual weight, whichever is greatest, of
2763	less than 26,001 pounds and who is required to obtain an
2764	endorsement pursuant to paragraph (1)(a), paragraph (1)(b),
2765	paragraph (1)(c), paragraph (1)(d), or paragraph (1)(e) of s.
2766	322.57, must possess a valid Class C driver's license that is
2767	clearly restricted to the operation of a motor vehicle or motor
2768	vehicle combination of less than 26,001 pounds. Any person who
2769	possesses a valid Class C driver's license may, subject to the
2770	appropriate restrictions and endorsements, drive any class of
2771	motor vehicle, other than the type of motor vehicle for which a
2772	Class A or a Class B driver's license is required, within this
2773	state.
2774	(d)  Any person, except a person who possesses a valid
2775	Class A, valid Class B, or valid Class C driver's license, who
2776	drives a truck or a truck tractor having a gross vehicle weight
2777	rating, a declared weight, or an actual weight, whichever is
2778	greatest, of 8,000 pounds or more but less than 26,001 pounds,
2779	or which has a width of more than 80 inches must possess a valid
2780	Class D driver's license. Any person who possesses a valid Class
2781	D driver's license may, subject to the appropriate restrictions
2782	and endorsements, drive any type of motor vehicle, other than
2783	the type of motor vehicle for which a Class A, Class B, or Class
2784	C driver's license is required, within this state.
2785	(d)(e)  Any person, except a person who possesses a valid
2786	Class A, valid Class B, or valid Class C, or valid Class D
2787	driver's license, who drives a motor vehicle must possess a
2788	valid Class E driver's license. Any person who possesses a valid
2789	Class E driver's license may, subject to the appropriate
2790	restrictions and endorsements, drive any type of motor vehicle,
2791	other than the type of motor vehicle for which a Class A, Class
2792	B, or Class C, or Class D driver's license is required, within
2793	this state.
2794	Section 82.  Subsections (1) and (2) of section 322.57,
2795	Florida Statutes, are amended to read:
2796	322.57  Tests of knowledge concerning specified vehicles;
2797	endorsement; nonresidents; violations.--
2798	(1)  In addition to fulfilling any other driver's licensing
2799	requirements of this chapter, a person who:
2800	(a)  Drives a double or triple trailer must successfully
2801	complete a test of his or her knowledge concerning the safe
2802	operation of such vehicles.
2803	(b)  Drives a passenger vehicle must successfully complete
2804	a test of his or her knowledge concerning the safe operation of
2805	such vehicles and a test of his or her driving skill in such a
2806	vehicle.
2807	(c)  Drives a school bus must successfully complete a test
2808	of his or her knowledge concerning the safe operation of such
2809	vehicles and a test of his or her driving skill in such a
2810	vehicle. This subsection shall be implemented in accordance with
2811	49 C.F.R. part 383.123.
2812	(d)(c)  Drives a tank vehicle must successfully complete a
2813	test of his or her knowledge concerning the safe operation of
2814	such vehicles.
2815	(e)(d)  Drives a vehicle that transports hazardous
2816	materials and that is required to be placarded in accordance
2817	with Title 49 C.F.R. part 172, subpart F, must successfully
2818	complete a test of his or her knowledge concerning the safe
2819	operation of such vehicles. Knowledge tests for hazardous-
2820	materials endorsements may not be administered orally for
2821	individuals applying for an initial hazardous-materials
2822	endorsement after June 30, 1994.
2823	(f)(e)  Operates a tank vehicle transporting hazardous
2824	materials must successfully complete the tests required in
2825	paragraphs (d) (c) and (e) (d) so that the department may issue
2826	a single endorsement permitting him or her to operate such tank
2827	vehicle.
2828	(g)(f)  Drives a motorcycle must successfully complete a
2829	test of his or her knowledge concerning the safe operation of
2830	such vehicles and a test of his or her driving skills on such
2831	vehicle. A person who successfully completes such tests shall be
2832	issued an endorsement if he or she is licensed to drive another
2833	type of motor vehicle. A person who successfully completes such
2834	tests and who is not licensed to drive another type of motor
2835	vehicle shall be issued a Class E driver's license that is
2836	clearly restricted to motorcycle use only.
2837	(2)  Before driving or operating any vehicle listed in
2838	subsection (1), a person must obtain an endorsement on his or
2839	her driver's license. An endorsement under paragraph (a),
2840	paragraph (b), paragraph (c), paragraph (d), or paragraph (e),
2841	or paragraph (f) of subsection (1) shall be issued only to
2842	persons who possess a valid Class A, valid Class B, or valid
2843	Class C driver's license. A person who drives a motor vehicle or
2844	motor vehicle combination that requires an endorsement under
2845	this subsection and who drives a motor vehicle or motor vehicle
2846	combination having a gross vehicle weight rating, a declared
2847	weight, or an actual weight, whichever is greatest, of less than
2848	26,000 pounds shall be issued a Class C driver's license that is
2849	clearly restricted to the operation of a motor vehicle or motor
2850	vehicle combination of less than 26,000 pounds.
2851	Section 83.  Paragraph (a) of subsection (1) of section
2852	322.58, Florida Statutes, is amended to read:
2853	322.58  Holders of chauffeur's licenses; effect of
2854	classified licensure.--
2855	(1)  In order to provide for the classified licensure of
2856	commercial motor vehicle drivers, the department shall require
2857	persons who have valid chauffeur's licenses to report on or
2858	after April 1, 1991, to the department for classified licensure,
2859	according to a schedule developed by the department.
2860	(a)  Any person who holds a valid chauffeur's license may
2861	continue to operate vehicles for which a Class E D driver's
2862	license is required until his or her chauffeur's license
2863	expires.
2864	Section 84.  Subsections (1), (2), (3), (7), (8), and (10)
2865	of section 322.61, Florida Statutes, are amended, and
2866	subsections (4) and (5) of that section are reenacted, to read:
2867	322.61  Disqualification from operating a commercial motor
2868	vehicle.--
2869	(1)  A person who, for offenses occurring within a 3-year
2870	period, is convicted of two of the following serious traffic
2871	violations or any combination thereof, arising in separate
2872	incidents committed in a commercial motor vehicle shall, in
2873	addition to any other applicable penalties, be disqualified from
2874	operating a commercial motor vehicle for a period of 60 days. A
2875	person who, for offenses occurring within a 3-year period, is
2876	convicted of two of the following serious traffic violations or
2877	any combination thereof arising in separate incidents committed
2878	in a noncommercial motor vehicle shall, in addition to any other
2879	applicable penalties, be disqualified from operating a
2880	commercial motor vehicle for a period of 60 days if such
2881	convictions result in the suspension, revocation, or
2882	cancellation of the licenseholder's driving privilege:
2883	(a)  A violation of any state or local law relating to
2884	motor vehicle traffic control, other than a parking violation, a
2885	weight violation, or a vehicle equipment violation, arising in
2886	connection with a crash resulting in death or personal injury to
2887	any person;
2888	(b)  Reckless driving, as defined in s. 316.192;
2889	(c)  Careless driving, as defined in s. 316.1925;
2890	(d)  Fleeing or attempting to elude a law enforcement
2891	officer, as defined in s. 316.1935;
2892	(e)  Unlawful speed of 15 miles per hour or more above the
2893	posted speed limit;
2894	(f)  Driving a commercial motor vehicle, owned by such
2895	person, which is not properly insured;
2896	(g)  Improper lane change, as defined in s. 316.085; or
2897	(h)  Following too closely, as defined in s. 316.0895;
2898	(i)  Driving a commercial motor vehicle without obtaining a
2899	commercial driver's license;
2900	(j)  Driving a commercial motor vehicle without the proper
2901	class of commercial driver's license or without the proper
2902	endorsement; or
2903	(k)  Driving a commercial motor vehicle without a
2904	commercial driver's license in possession. Any person who
2905	provides proof to the clerk of court or designated official in
2906	the jurisdiction where the citation was issued, before the date
2907	the person must appear in court or pay any fine for such a
2908	violation, that the person held a valid commercial driver's
2909	license on the date the citation was issued shall not be guilty
2910	of this offense.
2911	(2)  Any person who, for offenses occurring within a 3-year
2912	period, is convicted of three serious traffic violations
2913	specified in subsection (1) or any combination thereof, arising
2914	in separate incidents committed in a commercial motor vehicle
2915	shall, in addition to any other applicable penalties, including,
2916	but not limited to, the penalty provided in subsection (1), be
2917	disqualified from operating a commercial motor vehicle for a
2918	period of 120 days. A person who, for offenses occurring within
2919	a 3-year period, is convicted of three serious traffic
2920	violations specified in subsection (1) or any combination
2921	thereof, arising in separate incidents committed in a
2922	noncommercial motor vehicle shall, in addition to any other
2923	applicable penalties, including, but not limited to, the penalty
2924	provided in subsection (1), be disqualified from operating a
2925	commercial motor vehicle for a period of 120 days if such
2926	convictions result in the suspension, revocation, or
2927	cancellation of the licenseholder's driving privilege.
2928	(3)  Except as provided in subsection (4), any person who
2929	is convicted of one of the following offenses shall, in addition
2930	to any other applicable penalties, be disqualified from
2931	operating a commercial motor vehicle for a period of 1 year:
2932	(a)  Driving a commercial motor vehicle while he or she is
2933	under the influence of alcohol or a controlled substance;
2934	(b)  Driving a commercial motor vehicle while the alcohol
2935	concentration of his or her blood, breath, or urine is .04
2936	percent or higher;
2937	(c)  Leaving the scene of a crash involving a commercial
2938	motor vehicle driven by such person;
2939	(d)  Using a commercial motor vehicle in the commission of
2940	a felony;
2941	(e)  Driving a commercial motor vehicle while in possession
2942	of a controlled substance; or
2943	(f)  Refusing to submit to a test to determine his or her
2944	alcohol concentration while driving a commercial motor vehicle;
2945	(g)  Driving a commercial vehicle while the licenseholder's
2946	commercial driver's license is suspended, revoked, or canceled
2947	or while the licenseholder is disqualified from driving a
2948	commercial vehicle; or
2949	(h)  Causing a fatality through the negligent operation of
2950	a commercial motor vehicle.
2951	(4)  Any person who is transporting hazardous materials in
2952	a vehicle that is required to be placarded in accordance with
2953	Title 49 C.F.R. part 172, subpart F shall, upon conviction of an
2954	offense specified in subsection (3), be disqualified from
2955	operating a commercial motor vehicle for a period of 3 years.
2956	The penalty provided in this subsection shall be in addition to
2957	any other applicable penalty.
2958	(5)  Any person who is convicted of two violations
2959	specified in subsection (3), or any combination thereof, arising
2960	in separate incidents shall be permanently disqualified from
2961	operating a commercial motor vehicle. The penalty provided in
2962	this subsection shall be in addition to any other applicable
2963	penalty.
2964	(7)  A person whose privilege to operate a commercial motor
2965	vehicle is disqualified under this section may, if otherwise
2966	qualified, be issued a Class D or Class E driver's license,
2967	pursuant to s. 322.251.
2968	(8)  A driver who is convicted of or otherwise found to
2969	have committed a violation of an out-of-service order while
2970	driving a commercial motor vehicle is disqualified as follows:
2971	(a)  Not less than 90 days nor more than 1 year if the
2972	driver is convicted of or otherwise found to have committed a
2973	first violation of an out-of-service order.
2974	(b)  Not less than 1 year nor more than 5 years if, for
2975	offenses occurring during any 10-year period, the driver is
2976	convicted of or otherwise found to have committed two violations
2977	of out-of-service orders in separate incidents.
2978	(c)  Not less than 3 years nor more than 5 years if, for
2979	offenses occurring during any 10-year period, the driver is
2980	convicted of or otherwise found to have committed three or more
2981	violations of out-of-service orders in separate incidents.
2982	(d)  Not less than 180 days nor more than 2 years if the
2983	driver is convicted of or otherwise found to have committed a
2984	first violation of an out-of-service order while transporting
2985	hazardous materials required to be placarded under the Hazardous
2986	Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
2987	while operating motor vehicles designed to transport more than
2988	15 passengers, including the driver. A driver is disqualified
2989	for a period of not less than 3 years nor more than 5 years if,
2990	for offenses occurring during any 10-year period, the driver is
2991	convicted of or otherwise found to have committed any subsequent
2992	violations of out-of-service orders, in separate incidents,
2993	while transporting hazardous materials required to be placarded
2994	under the Hazardous Materials Transportation Act 49 U.S.C. ss.
2995	5101 et seq., or while operating motor vehicles designed to
2996	transport more than 15 passengers, including the driver.
2997	(10)(a)  A driver must be disqualified for not less than 60
2998	days if the driver is convicted of or otherwise found to have
2999	committed a first violation of a railroad-highway grade crossing
3000	violation.
3001	(b)  A driver must be disqualified for not less than 120
3002	days if, for offenses occurring during any 3-year period, the
3003	driver is convicted of or otherwise found to have committed a
3004	second railroad-highway grade crossing violation in separate
3005	incidents.
3006	(c)  A driver must be disqualified for not less than 1 year
3007	if, for offenses occurring during any 3-year period, the driver
3008	is convicted of or otherwise found to have committed a third or
3009	subsequent railroad-highway grade crossing violation in separate
3010	incidents.
3011	Section 85.  Subsection (1) and paragraph (a) of subsection
3012	(3) of section 322.63, Florida Statutes, are amended to read:
3013	322.63  Alcohol or drug testing; commercial motor vehicle
3014	operators.--
3015	(1)  A person who accepts the privilege extended by the
3016	laws of this state of operating a commercial motor vehicle
3017	within this state shall, by so operating such commercial motor
3018	vehicle, be deemed to have given his or her consent to submit to
3019	an approved chemical or physical test of his or her blood or,
3020	breath, or urine for the purpose of determining his or her
3021	alcohol concentration, and to a urine test or for the purpose of
3022	detecting the presence of chemical substances as set forth in s.
3023	877.111 or of controlled substances.
3024	(a)  By applying for a commercial driver's license and by
3025	accepting and using a commercial driver's license, the person
3026	holding the commercial driver's license is deemed to have
3027	expressed his or her consent to the provisions of this section.
3028	(b)  Any person who drives a commercial motor vehicle
3029	within this state and who is not required to obtain a commercial
3030	driver's license in this state is, by his or her act of driving
3031	a commercial motor vehicle within this state, deemed to have
3032	expressed his or her consent to the provisions of this section.
3033	(c)  A notification of the consent provision of this
3034	section shall be printed above the signature line on each new or
3035	renewed commercial driver's license issued after March 31, 1991.
3036	(3)(a)  The breath and blood physical and chemical tests
3037	authorized in this section shall be administered substantially
3038	in accordance with rules adopted by the Department of Law
3039	Enforcement.
3040	Section 86.  Subsection (1) of section 322.64, Florida
3041	Statutes, is amended, and, for the purpose of incorporating the
3042	amendment to section 322.61, Florida Statutes, in a reference
3043	thereto, subsection (14) of that section is reenacted, to read:
3044	322.64  Holder of commercial driver's license; driving with
3045	unlawful blood-alcohol level; refusal to submit to breath,
3046	urine, or blood test.--
3047	(1)(a)  A law enforcement officer or correctional officer
3048	shall, on behalf of the department, disqualify from operating
3049	any commercial motor vehicle a person who while operating or in
3050	actual physical control of a commercial motor vehicle is
3051	arrested for a violation of s. 316.193, relating to unlawful
3052	blood-alcohol level or breath-alcohol level, or a person who has
3053	refused to submit to a breath, urine, or blood test authorized
3054	by s. 322.63 arising out of the operation or actual physical
3055	control of a commercial motor vehicle. Upon disqualification of
3056	the person, the officer shall take the person's driver's license
3057	and issue the person a 10-day temporary permit for the operation
3058	of noncommercial vehicles only if the person is otherwise
3059	eligible for the driving privilege and shall issue the person a
3060	notice of disqualification. If the person has been given a
3061	blood, breath, or urine test, the results of which are not
3062	available to the officer at the time of the arrest, the agency
3063	employing the officer shall transmit such results to the
3064	department within 5 days after receipt of the results. If the
3065	department then determines that the person was arrested for a
3066	violation of s. 316.193 and that the person had a blood-alcohol
3067	level or breath-alcohol level of 0.08 or higher, the department
3068	shall disqualify the person from operating a commercial motor
3069	vehicle pursuant to subsection (3).
3070	(b)  The disqualification under paragraph (a) shall be
3071	pursuant to, and the notice of disqualification shall inform the
3072	driver of, the following:
3073	1.a.  The driver refused to submit to a lawful breath,
3074	blood, or urine test and he or she is disqualified from
3075	operating a commercial motor vehicle for a period of 1 year, for
3076	a first refusal, or permanently, if he or she has previously
3077	been disqualified as a result of a refusal to submit to such a
3078	test; or
3079	b.  The driver violated s. 316.193 by driving with an
3080	unlawful blood-alcohol level and he or she is disqualified from
3081	operating a commercial motor vehicle for a period of 6 months
3082	for a first offense or for a period of 1 year if he or she has
3083	previously been disqualified, or his or her driving privilege
3084	has been previously suspended, for a violation of s. 316.193.
3085	2.  The disqualification period for operating commercial
3086	vehicles shall commence on the date of arrest or issuance of
3087	notice of disqualification, whichever is later.
3088	3.  The driver may request a formal or informal review of
3089	the disqualification by the department within 10 days after the
3090	date of arrest or issuance of notice of disqualification,
3091	whichever is later.
3092	4.  The temporary permit issued at the time of arrest or
3093	disqualification will expire at midnight of the 10th day
3094	following the date of disqualification.
3095	5.  The driver may submit to the department any materials
3096	relevant to the arrest.
3097	(14)  The decision of the department under this section
3098	shall not be considered in any trial for a violation of s.
3099	316.193, s. 322.61, or s. 322.62, nor shall any written
3100	statement submitted by a person in his or her request for
3101	departmental review under this section be admissible into
3102	evidence against him or her in any such trial. The disposition
3103	of any related criminal proceedings shall not affect a
3104	disqualification imposed pursuant to this section.
3105	Section 87.  Subsection (1) of section 338.155, Florida
3106	Statutes, is amended to read:
3107	338.155  Payment of toll on toll facilities required;
3108	exemptions.--
3109	(1)  No persons are permitted to use any toll facility
3110	without payment of tolls, except employees of the agency
3111	operating the toll project when using the toll facility on
3112	official state business, state military personnel while on
3113	official military business, handicapped persons as provided in
3114	this section, persons exempt from toll payment by the
3115	authorizing resolution for bonds issued to finance the facility,
3116	and persons exempt on a temporary basis where use of such toll
3117	facility is required as a detour route. Any law enforcement
3118	officer operating a marked official vehicle is exempt from toll
3119	payment when on official law enforcement business. Any person
3120	operating a fire vehicle when on official business or a rescue
3121	vehicle when on official business is exempt from toll payment.
3122	Any person participating in the funeral procession of a law
3123	enforcement officer or firefighter killed in the line of duty is
3124	exempt from toll payment. The secretary, or the secretary's
3125	designee, may suspend the payment of tolls on a toll facility
3126	when necessary to assist in emergency evacuation. The failure to
3127	pay a prescribed toll constitutes a noncriminal traffic
3128	infraction, punishable as a moving violation pursuant to s.
3129	318.18. The department is authorized to adopt rules relating to
3130	guaranteed toll accounts.
3131	Section 88.  Section 549.102, Florida Statutes, is created
3132	to read:
3133	549.102  Motorsports entertainment complex; overnight
3134	parking.--Notwithstanding any other law to the contrary, the
3135	owner of a motorsports entertainment complex may allow temporary
3136	overnight parking during a motorsports event and the 2 days
3137	immediately preceding and following such motorsports event
3138	without any other license or permit as long as the area where
3139	such temporary overnight parking is allowed meets applicable
3140	health department requirements other than site requirements. The
3141	Department of Health, or any other health agency in the state,
3142	shall not regard such temporary overnight parking as a
3143	"recreational vehicle park" as described in chapter 513 and the
3144	administrative code adopted under that chapter.
3145	Section 89.  Paragraphs (c) and (f) of subsection (13) of
3146	section 713.78, Florida Statutes, are amended to read:
3147	713.78  Liens for recovering, towing, or storing vehicles
3148	and vessels.--
3149	(13)
3150	(c)1.  The registered owner of a vehicle, vessel, or mobile
3151	home may dispute a wrecker operator's lien, by notifying the
3152	department of the dispute in writing on forms provided by the
3153	department, if at least one of the following applies:
3154	a.  The registered owner presents a notarized bill of sale
3155	proving that the vehicle, vessel, or mobile home was sold in a
3156	private or casual sale before the vehicle, vessel, or mobile
3157	home was recovered, towed, or stored.
3158	b.  The registered owner presents proof that the Florida
3159	certificate of title of the vehicle, vessel, or mobile home was
3160	sold to a licensed dealer as defined in s. 319.001 before the
3161	vehicle, vessel, or mobile home was recovered, towed, or stored.
3162	c.  The records of the department were marked "sold" prior
3163	to the date of the tow.
3164
3165	If the registered owner's dispute of a wrecker operator's lien
3166	complies with one of these criteria, the department shall
3167	immediately remove the registered owner's name from the list of
3168	those persons who may not be issued a license plate or
3169	revalidation sticker for any motor vehicle under s. 320.03(8),
3170	thereby allowing issuance of a license plate or revalidation
3171	sticker. If the vehicle, vessel, or mobile home is owned jointly
3172	by more than one person, each registered owner must dispute the
3173	wrecker operator's lien in order to be removed from the list.
3174	However, the department shall deny any dispute and maintain the
3175	registered owner's name on the list of those persons who may not
3176	be issued a license plate or revalidation sticker for any motor
3177	vehicle under s. 320.03(8) if the wrecker operator has provided
3178	the department with a certified copy of the judgment of a court
3179	which orders the registered owner to pay the wrecker operator's
3180	lien claimed under this section. In such a case, the amount of
3181	the wrecker operator's lien allowed by paragraph (b) may be
3182	increased to include no more than $500 of the reasonable costs
3183	and attorney's fees incurred in obtaining the judgment. The
3184	department's action under this subparagraph is ministerial in
3185	nature, shall not be considered final agency action, and is
3186	appealable only to the county court for the county in which the
3187	vehicle, vessel, or mobile home was ordered removed.
3188	2.  A person against whom a wrecker operator's lien has
3189	been imposed may alternatively obtain a discharge of the lien by
3190	filing a complaint, challenging the validity of the lien or the
3191	amount thereof, in the county court of the county in which the
3192	vehicle, vessel, or mobile home was ordered removed. Upon filing
3193	of the complaint, the person may have her or his name removed
3194	from the list of those persons who may not be issued a license
3195	plate or revalidation sticker for any motor vehicle under s.
3196	320.03(8), thereby allowing issuance of a license plate or
3197	revalidation sticker, upon posting with the court a cash or
3198	surety bond or other adequate security equal to the amount of
3199	the wrecker operator's lien to ensure the payment of such lien
3200	in the event she or he does not prevail. Upon the posting of the
3201	bond and the payment of the applicable fee set forth in s.
3202	28.24, the clerk of the court shall issue a certificate
3203	notifying the department of the posting of the bond and
3204	directing the department to release the wrecker operator's lien.
3205	Upon determining the respective rights of the parties, the court
3206	may award damages and costs in favor of the prevailing party.
3207	3.  If a person against whom a wrecker operator's lien has
3208	been imposed does not object to the lien, but cannot discharge
3209	the lien by payment because the wrecker operator has moved or
3210	gone out of business, the person may have her or his name
3211	removed from the list of those persons who may not be issued a
3212	license plate or revalidation sticker for any motor vehicle
3213	under s. 320.03(8), thereby allowing issuance of a license plate
3214	or revalidation sticker, upon posting with the clerk of court in
3215	the county in which the vehicle, vessel, or mobile home was
3216	ordered removed, a cash or surety bond or other adequate
3217	security equal to the amount of the wrecker operator's lien.
3218	Upon the posting of the bond and the payment of the application
3219	fee set forth in s. 28.24, the clerk of the court shall issue a
3220	certificate notifying the department of the posting of the bond
3221	and directing the department to release the wrecker operator's
3222	lien. The department shall mail to the wrecker operator, at the
3223	address upon the lien form, notice that the wrecker operator
3224	must claim the security within 60 days, or the security will be
3225	released back to the person who posted it. At the conclusion of
3226	the 60 days, the department shall direct the clerk as to which
3227	party is entitled to payment of the security, less applicable
3228	clerk's fees.
3229	4.  A wrecker operator's lien expires 5 years after filing.
3230	(f)  This subsection applies only to the annual renewal in
3231	the registered owner's birth month of a motor vehicle
3232	registration and does not apply to the transfer of a
3233	registration of a motor vehicle sold by a motor vehicle dealer
3234	licensed under chapter 320, except for the transfer of
3235	registrations which is inclusive of the annual renewals. This
3236	subsection does not apply to any vehicle registered in the name
3237	of the lessor. This subsection does not affect the issuance of
3238	the title to a motor vehicle, notwithstanding s. 319.23(7)(b).
3239	Section 90.  Paragraph (b) of subsection (9) of section
3240	768.28, Florida Statutes, is amended to read:
3241	768.28  Waiver of sovereign immunity in tort actions;
3242	recovery limits; limitation on attorney fees; statute of
3243	limitations; exclusions; indemnification; risk management
3244	programs.--
3245	(9)
3246	(b)  As used in this subsection, the term:
3247	1.  "Employee" includes any volunteer firefighter, any
3248	volunteer highway patrol troop surgeon appointed by the director
3249	of the Florida Highway Patrol, and any volunteer licensed health
3250	professional appointed by the director of the Florida Highway
3251	Patrol to work under the medical direction of a highway patrol
3252	troop surgeon.
3253	2.  "Officer, employee, or agent" includes, but is not
3254	limited to, any health care provider when providing services
3255	pursuant to s. 766.1115, any member of the Florida Health
3256	Services Corps, as defined in s. 381.0302, who provides
3257	uncompensated care to medically indigent persons referred by the
3258	Department of Health, and any public defender or her or his
3259	employee or agent, including, among others, an assistant public
3260	defender and an investigator.
3261	Section 91.  Section 843.16, Florida Statutes, is amended
3262	to read:
3263	843.16  Unlawful to install or transport radio equipment
3264	using assigned frequency of state or law enforcement officers;
3265	definitions; exceptions; penalties.--
3266	(1)  A No person, firm, or corporation may not shall
3267	install or transport in any motor vehicle or business
3268	establishment, except an emergency vehicle or crime watch
3269	vehicle as herein defined or a place established by municipal,
3270	county, state, or federal authority for governmental purposes,
3271	any frequency modulation radio receiving equipment so adjusted
3272	or tuned as to receive messages or signals on frequencies
3273	assigned by the Federal Communications Commission to police or
3274	law enforcement officers or fire rescue personnel of any city or
3275	county of the state or to the state or any of its agencies.
3276	Provided, nothing herein shall be construed to affect any radio
3277	station licensed by the Federal Communications System or to
3278	affect any recognized newspaper or news publication engaged in
3279	covering the news on a full-time basis or any alarm system
3280	contractor certified pursuant to part II of chapter 489,
3281	operating a central monitoring system.
3282	(2)  As used in this section, the term:
3283	(a)  "Emergency vehicle" shall specifically mean:
3284	1.  Any motor vehicle used by any law enforcement officer
3285	or employee of any city, any county, the state, the Federal
3286	Bureau of Investigation, or the Armed Forces of the United
3287	States while on official business;
3288	2.  Any fire department vehicle of any city or county of
3289	the state or any state fire department vehicle;
3290	3.  Any motor vehicle designated as an emergency vehicle by
3291	the Department of Highway Safety and Motor Vehicles when said
3292	vehicle is to be assigned the use of frequencies assigned to the
3293	state;
3294	4.  Any motor vehicle designated as an emergency vehicle by
3295	the sheriff or fire chief of any county in the state when said
3296	vehicle is to be assigned the use of frequencies assigned to the
3297	said county;
3298	5.  Any motor vehicle designated as an emergency vehicle by
3299	the chief of police or fire chief of any city in the state when
3300	said vehicle is to be assigned the use of frequencies assigned
3301	to the said city.
3302	(b)  "Crime watch vehicle" means any motor vehicle used by
3303	any person participating in a citizen crime watch or
3304	neighborhood watch program when such program and use are
3305	approved in writing by the appropriate sheriff or chief of
3306	police where the vehicle will be used and the vehicle is
3307	assigned the use of frequencies assigned to the county or city.
3308	Such approval shall be renewed annually.
3309	(3)  This section shall not apply to any holder of a valid
3310	amateur radio operator or station license issued by the Federal
3311	Communications Commission or to any recognized newspaper or news
3312	publication engaged in covering the news on a full-time basis or
3313	any alarm system contractor certified pursuant to part II of
3314	chapter 489, operating a central monitoring system.
3315	(4)  Any person, firm, or corporation violating any of the
3316	provisions of this section commits shall be deemed guilty of a
3317	misdemeanor of the first second degree, punishable as provided
3318	in s. 775.082 or s. 775.083.
3319	Section 92.  Except as otherwise provided herein, this act
3320	shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.